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Hand-Book of Civil Government. 



A HAiro-BOOK 



OF 



Civil Government 



UNDER THE 



CONSTITUTION OF THE UNITED STATES. 



FOR THE 



^$4 $i ^t)tnh mi ^(dmk$. 



BY 



THOMAS D. SUPLEE, A.M., F.C.S., 

HEAD-MASTER OF HARCOURT PLACE SCHOOL. AND AUTHOR OF "AN ANALYSIS 
OF TRENCH ON THE STUDY OF WORDS." ETC. 



^- 




^S. 



OF CO 



COPY 






APR 23 188. 



Philadelphia : 

Eldredge & Brother, 

No. 17 North Seventh Street. 
1883. 



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2^^. 

61* 



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Entered, according to Act of Congress, in the year 1883, by 

ELDEEDGE it BROTHER, 
In the Office of the Librarian of Congress, at Washington. 



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FAGAN I; SON, 
BLECTROTYPERS, PHILAD'A 




Preface. 



3>«4C 



nrN the preparation of this Hand-Book of Gvil 
-^ Government, an effort has been made to in- 
clude all that is absolutely necessary for a full 
exposition of the subject, without exceeding the 
proper limits of a text-book to be used in schools 
and academies. 

The method pursued in explaining the various 
parts of the Constitution has been to give : 

I. A history of the clauses. 

II. Definitions of words and expressions occur- 
ring in the clauses. 

III. Questions answered in the language of the 
text itself. 

IV. Questions based upon principles involved 
in the text. 



VI PREFACE. 

V. To show by what legislative enactments 
an enforcement of the provisions of the clauses 
has been secured. 

VI. To exhibit the practical working of the 
different clauses. 

It is in the strict adherence to this method, 
together with the clear presentation of the pro- 
gress of civil liberty, the chronological statement 
of important acts of Congress, and the introduc- 
tion of test questions, that this book differs from 
others on the same subject ; and it is upon these 
features that its claims are mainly based. 

The form of the book and the arrangement of 
the material were adopted as the result of twelve 
years' experience in teaching the subject; and 
special importance is attached to the fact that 
quite a large proportion of the questions included 
in this book are those which were asked by 
pupils themselves. 

Thomas D. Suplee. 

Harcourt Place School, 
Gambier, Ohio. 




Contents. 



>5*:c 



PAGE 
9 



General Principles 

Colonial Relations . . . . . . . 11 

Outline of the Articles of Confederation . 14 

Origin of the Constitution ..... 16 

The Text of the Constitution .... 18 

Questions on the Constitution .... 40 

Amendments to the Constitution . . . 158 
Department Officers and Duties . . .179 

Practical Operation of the Constitution . 187 

State Governnnents 193 

Chronology of Important Political Events, etc. 198 

Definition of Legal Terms 227 

Books for Reading and Reference . . 240 



-5^1^ 



Cardinal Dates 

IN THE 

History of Civil Liberty. 

ENGLISH. 
1218. Magna Charta. 
126S. First House of Commons. 
1296. Arbitrary Taxation forbidden. 
1628. The Petition of Rights. 
1679. The Habeas Corpus Act. 
1689. The Bill of Rights. 
1832. The Reform Bill. 
1870. The Education Bill. 

AMERICAN. 
1765. Congress of Delegates to resist Stamp Act. 
1774. Declaration of Rights. 
1776. Declaration of Independence. 
1781. Articles of Confederation Adopted. 
1788. Constitution of the United States Adopted. 
1791. Bill of Rights Added to the Constitution. 
1865. Abolition of Slavery. 
1868. Civil Rights Amendment Adopted. 
1870. Right of Suffrage Extended. 



Note. — In some cases, answers to questions have been omitted for the 
purpose of encouraging original investigation on the part of the pupil. 
Similar omissions will be noticed where the answer may readily be framed 
from the language of the text of the clause upon which the question is 
based. 




General Principles. 



3>«<C 



1. What is the derivation of the word " Government " ? 

The word government is derived from the Latin, guhernarey 
meaning to steer, to pilot, and then to guide, to direct, to control. 

2. What is government ? 
Government is control. 

3. Give examples. 

Divine government is the control exercised by the Crea- 
tor over his creatures. Family government is the control 
exercised by the head of the family over its members. 

4. What is civil government ? 

Civil government is the control exercised by the State 
over its citizens ? 

5. What is a State ? 

A State is a community of persons living within certain 
limits of territory, under a permanent organization, which 
aims to secure the prevalence of justice, and to promote the 
common good by self-imposed laws. 

6. What is law? 

Law is the expression of the controlling will, which be- 
comes a rule of action for the governed. 

7. What is the earliest form of government of which we have any 
knowledge ? 

Patriarchal government, or control exercised by the 
father of a family. 

9 



10 HAND-BOOK OF CIVIL GOVERNMENT. 

8. Give an example of patriarchal government. 
Abraham was a patriarchal ruler. 

9. What is theocracy ? 

Theocracy is control exercised by men who claim to be 
under the immediate direction of God. 

10. Give an example of theocracy. 

The government of the Hebrews, after their departure 
from Egypt, was a theocracy. 

11. Which are the most common forms of government ? 

The most common forms of government are monarchy, 
aristocracy, and democracy. 

12. What is a monarchy ? 

A monarchy is a form of government in which the supreme 
control is in the hands of one person, called a king, emperor, 
etc. 

13. What is an absolute monarchy ? 

An absolute monarchy is a monarchy in which the control 
is exercised by one person absolutely. 

14. Give examples of absolute monarchy. 

Russia, Turkey, and China are absolute monarchies. 

15. What is a limited monarchy ? 

A limited monarchy is a monarchy in which the control 
of the chief ruler is restrained by the laws or by some other 
powder. 

16. Give an example of a limited monarchy. 

The English government is a limited monarchy. - 

17. When is a monarchy called hereditary ? 

A monarchy is called hereditary when the control passes 
from father to son, or from the monarch to his successor by 
inheritance. 

18. When is a monarchy elective ? 

A monarchy is elective when, on the death of the ruler, 
his successor is appointed by an election. 

19. Give an example of an elective monarchy. (See note, page 8.) 



COLONIAL RELATIONS. 11 

20. What is an aristocracy ? 

An aristocracy is a form of government in which control 
is exercised by a privileged order of men, distinguished for 
their rank and wealth. 

21. Give an example of an aristocracy. 

22. What is a democracy ? 

A Democracy is a form of government in which control 
is directly exercised by the people in one assembly. 

23. Give an example of democracy. 

Democracies existed in ancient Greece, but they comprised 
very small territories. 

24. What is a republic ? 

A republic is a form of democracy, in which control is 
exercised by Representatives elected directly by the people. 



COLONIAL RELATIONS. 

25. Name the thirteen original Colonies, with the dates of their 
settlement. 

The names of the thirteen original Colonies, wdth the 
dates of their settlement, are as follows : Virginia, 1606 ; 
Massachusetts, 1620 ; New Hampshire, 1629 ; Maryland, 
1632; Connecticut, 1635 ; Rhode Island, 1636; New York, 
1662; North Carolina, 1663; South Carolina, 1663 ; New 
Jersey, 1664; Pennsylvania, 1681; Delaware, 1682 ; and 
Georgia, 1732. 

26. How were the original Colonies settled ? 

The original Colonies were settled mainly by the English, 
excepting New York and Delaware, which were settled by 
emigrants from Holland and Sweden. 

27. Upon what did the English base their claim to jurisdiction 
over the Colonies ? 

The English based their claim to jurisdiction over the 
Colonies upon the right of discovery. 



12 HAND-BOOK OF CIVIL GOVERNMENT. 

28. How were the Indians regarded by the colonists ? 

The Indians were regarded by the Colonists as mere occu- 
pants of the soil, subject to removal at the pleasure of su- 
perior power. 

29. What system of laws was adopted by the Colonies ? 

The system of laws adopted by the Colonies was the com- 
mon law of England, which still forms, to a large extent, the 
system of jurisprudence in the United States. 

30. How may the Colonial Governments be divided ? 

The Colonial Governments may be divided into three 
classes : Provincial, Proprietary, and Charter. 

31. What were the Provincial Governments ? 

The Provincial Governments were those wholly under the 
control of the sovereign of Great Britain. 

32. What Colonies were under Provincial Governments at the time 
of the Revolution ? 

The Colonies under Provincial Governments at the time 
of the Revolution were New Hampshire, New York, New 
Jersey, Virginia, North Carolina, South Carolina, and 
Georgia. 

33. What were the Proprietary Governments? 

The Proprietary Governments were those governed by a 
Proprietor, who derived not only the title to the soil, but also 
the power of government from the sovereign. 

34. What Colonies were governed by Proprietors ? 

The Colonies governed by Proprietors were Pennsylvania, 
Delaware, and Maryland. 

35. What were the Charter Governments ? 

The Charter Governments were those under the control 
of the sovereign, but having important political rights se- 
cured to them by charters. 

36. What Colonies were under Charter Governments ? 

The Colonies under Charter Governments were Massachu- 
setts, Rhode Island, and Connecticut. 



COLONIAL RELATIONS. 13 

37. What events led to the union of the Colonies ? 

The events leading to the union of the Colonies were first 
the ravages of the Indian tribes and the encroachments of 
the Dutch and French, and afterwards the determined 
oppression of England. 

38. When and where did the First Continental Congress meet? 
The First Continental Congress met at Philadelphia, Sep- 
tember 5, 1774. 

39. What important paper did the First Continental Congress 
prepare ? 

The First Continental Congress prepared the Declaration 
of Rights. 

40. When and where did the Second Continental Congress 
assemble ? 

The Second Continental Congress met at Philadelphia, 
May 10, 1775. 

41. What important step did the Second Continental Congress 
take? 

The Second Continental Congress declared the united 
Colonies independent. 

42. When was the Declaration of Independence proclaimed to the 
world ? 

The Declaration of Independence was proclaimed to the 
world July 4th, 1776. 

43. When did the Colonies first assume the title of " The United 
States of America " ? 

The Colonies first assumed the title of " The United States 
of America " in the Declaration of Independence. 

44. What powers were assumed by the Continental Congress ? 
The Continental Congress assumed all the powers that 

were necessary to insure the safety and maintain the inde- 
pendence of the United States. 

45. What was the character of the powers assumed by the Conti- 
nental Congress? 

The powers assumed by the Continental Congress were 
revolutionary. 
2 



14 HAND-BOOK OF CIVIL GOVERNMENT. 

46. How was the exercise of power by the Continental Congress 
justified ? 

The exercise of power by the Continental Congress was 
required by the necessities of the case, and was submitted 
to by the people. 

47. How long did the Continental Congress continue to be the 
National Government ? 

The Continental Congress continued to be the National 
Government until March 2, 1781, near the close of the Rev- 
olution. 

48. What form of government was adopted March 2, 1781 ? 
The Articles of Confederation were then adopted. 

49. What was the great defect of the Articles of Confederation ? 
The great defect of the Articles of Confederation was the 

want of sufficient power in the General Government. 



>:«<c 



OUTLINE OF THE ARTICLES OF 
CONFEDERATION. 

1. The Confederation was declared to be a firm league of 
friendship between the several States. 

2. Delegates to Congress were to be appointed annually, 
in such manner as the Legislature of each State might 
direct. 

3. The power was reserved to the States to recall their 
delegates, or any of them, within the year, and to send 
others in their places for the remainder of the year. 

4. No State was allowed representation in Congress by 
less than two, nor more than seven, members. 

5. No person was eligible to a seat in Congress for more 
than three in any term of six years. 

6. Each State had to maintain its own delegates in a meet- 



OUTLINE OF TEE ARTICLES OF CONFEDERATION- 15 

ing of the States, and while acting as members of the Com- 
mittee of the States. 

7. In determining questions in the Congress, each State 
had but one vote. 

8. All charges of war and other expenses, incurred for the 
common defence and general welfare, were to be defrayed out 
of a common treasury. 

9. The treasury was to be supplied by the several States, 
in proportion to the value of all lands, and the improve- 
ments and buildings thereon, within each State, granted to 
or surveyed for any person, to be estimated according to 
the direction of Congress. 

10. Congress was to send and receive ambassadors. 

11. Congress was the tribunal of last resort, on appeal, in 
all disputes and differences, between two or more States, con- 
cerning boundary, jurisdiction, or any other cause whatever. 

12. Congress was the tribunal to decide all controversies 
concerning the private right of soil claimed under different 
grants of two or more States, under certain limitations. 

13. Congress was to commission all the officers of the 
United States. 

14. Congress had authority to appoint a committee, to sit 
during the recess of that body, to be denominated " a Com- 
mittee of the States," and to consist of one delegate from 
each State. 

15. Canada, acceding to the Confederation, and joining in 
the measures of the United States, was to be admitted into the 
Union. 

16. The Union was to be perpetual. 

17. No provision was made for any such officer as Presi- 
dent. 

18. There was no national judiciary. 

19. Congress consisted of but one house. 



3>«Kc 



16 



HAND-BOOK OF CIVIL GOVERNMENT. 



Blackboard Exercise, No, 1, 

C 1. Derivation. 
I. Government. < 2. Definition. 
(,3. Examples. 
II. The State. 

III. Law. 



IV. Forms op Government. - 



V. Colonial Eelations. 



1. Monarchy. 

2. Aristocracy. 

3. Democracy. 

1. Settlements. 

2. Governments. 



3. Revolution. 
^ 4. Confederation. 



a. Absolute. 
6. Limited. 

c. Hereditary. 

d. Elective. 



c a. Discovery. 

I b. Title. 

{a. Provincial. 

b. Proprietary, 

c. Charter. 

/ a. Origin. 

I b. Kesult. 



ORIGIN OF THE CONSTITUTION. 

50. What is the Constitution of the United States ? 

The Constitution of the United States is a form of govern- 
ment framed and adopted by the people of the United States, 
and obligatory upon all the States until it is altered, amended, 
or abolished by the people in the manner pointed out in the 
instrument itself. 

51. How should the Constitution be interpreted? 

The Constitution should be interpreted by endeavoring to 
ascertain the true sense and meaning of all the terms ; not 



ORIGm OF THE CONSTITUTION: 17 

narrowing or enlarging them, by straining them from their 
just and natural import. 

52. Why should the Constitution be implicitly obeyed ? 

The Constitution should be implicitly obeyed because the 
people have established it and spoken their will ; and their 
will, thus promulgated, is to be obeyed as the supreme law. 

53. How is the Constitution construed in the first instance ? 

The Constitution is construed in the first instance by each 
department of government in the exercise of its own powers. 

54. Is the construction of the Constitution by each department of 
government final ? 

Every citizen has a right to test the validity of that con- 
struction before the proper judicial tribunal, and to bring it 
to the test of the Constitution. 

55. If judicial redress should fail, how may satisfaction be obtained 
in construing the Constitution ? 

By means of new elections or proposed amendments, the 
people may check any usurpation of authority and relieve 
themselves from grievances. 

56. How is the Constitution related to subordinate governments ? 
State governments may continue and new ones be estab- 
lished, but always in conformity with the Constitution. 

57. Where and when did the Convention which framed our present 
Constitution meet ? 

The Constitutional Convention met at Philadelphia, May 
14, 1787. 

58. Who was chosen President of the Convention? 
George Washington was chosen President. 

59. When was the Constitution finally ratified ? 

The Constitution was finally ratified June 21, 1788. 

60. Give the dates of the ratification of the Constitution in their 
order. 

The Constitution was ratified by the States in the follow- 
ing order : 

Delaware, December 7, 1787 ; Pennsylvania, Decem- 
ber 12, 1787 ; New Jersey, December 18, 1787 ; Georgia, 
2* B 



18 



HAND-BOOK OF CIVIL GOVERNMENT. 



January 2, 1788 ; Connecticut, January 9, 1788 ; Massa- 
chusetts, February 6, 1788 ; Maryland, April 28, 1788 ; 
South Carolina, May 23, 1788 ; New Hampshire, June 
21, 1788 ; Virginia, June 26, 1788 ; New York, July 26, 
1788 ; North Carolina, November 21, 1789 ; Rhode 
Island, May 29, 1790. 

61. When did the present government go into operation under the 
new Constitution ? 

The first Congress met on the fourth of March, 1789, and 
George Washington was inaugurated President of the United 
States April 30, 1789. 



CONSTITUTION OF THE UNITED 
STATES. 

[Note.— The following text of the Constitution and Amendments should 
be carefully studied, so that the pupil can give the substance of the dif- 
ferent clauses, with the subject of each. The leading titles, which form 
an analysis of the Constitution, do not appear in the original instrument. 
Numbers are placed at the left of each article, so that the different parts 
may be easily referred to throughout the book.] 



The Enacting Clause. 

TTe, the People of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran- 
quillity, provide for the common defence, promote the gen- 
eral welfare, and secure the blessings of liberty to ourselves 
and our posterity, do ordain and establish this Constitution 
for the United States of America. 

AETIOLE I -LEGISLATIVE DEPAKTMENT. 
Section I.— Division into Two Houses. 

1. All legislative" powers herein granted shall l)t 
vested in a Congress of the United States, which shall 
consist of a Senate and House of Representatives. 



CONSTITUTION OF THE UNITED STATES. 19 

Section II. — House of Kepresentatiyes. 

1. The House of Representatives shall be composed 
of members chosen every second year by the people of 
the several States, and the electors in each State shall 
have the qualifications requisite for electors of the most 
numerous branch of the State Legislature. 

2. No person shall be a Representative who shall not 
have attained to the age of twenty-five years, and been 

j seven years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State in which 
he shall be chosen. 

3. Representatives and direct taxes shall be appor- 
tioned among the several States which may be included 
within this Union, according to their respective numbers, 
which shall be determined by adding to the whole num- 
ber of free persons, including those bound to service for 
a term of years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumeration shall 
be made within three years after the first meeting of the 
Congress of the United States, and within every subse- 
quent term of ten years, in such manner as they shall by 
law direct. The number of Representatives shall not ex- 
ceed one for every thirty thousand, but each State shall 
have at least one Representative ; and, until such enumer- 
ation shall be made, the State of Kew Hampshire shall 
be entitled to choose three, Massachusetts eight, Rhode 
Island and Providence Plantations one, Connecticut five, 
New York six, New Jersey four, Pennsylvania eight, 
Delaware one, Maryland six, Virginia ten. North Caro- 
lina five. South Carolina five, and Georgia three. 

6 4. When vacancies happen in the representation fi-om 
any State, the executive authority thereof shall issue 
writs of election to fill such vacancies. 

5. The House of Representatives shall choose their 



20 



HAND-BOOK OF CIVIL GOVERNMENT. 



8 



9 



10 

11 
12 

13 



Speaker and other officers, and shall have the sole power 
of impeachment. 

Section III.— Senate. 

1. The Senate of the United States shall be composed 
of two Senators from each State, chosen by the Legisla- 
ture thereof for six years ; and each Senator shall have 
one vote. 

2. Immediately after they shall be assembled in con- 
sequence of the first election, they shall be divided, as 
equally as may be, into three classes. The seats of the 
Senators of the first class shall be vacated at the expira- 
tion of the second year ; of the second class, at the expi- 
ration of the fourth year ; and of the third class, at the 
expiration of the sixth year ; so that one-third may be 
chosen every second year : and if vacancies happen, by 
resignation or otherwise, during the recess of the Legis- 
lature of any State, the executive thereof may make 
temporary appointments until the next meeting of the 
Legislature, which shall then fill such vacancies. 

3. No person shall be a Senator who shall not have 
attained to the age of thirty years, and been nine years 
a citizen of the United States, and Avho shall not, when 
elected, be an inhabitant of that State for which he shall 
be chosen. 

4. The Vice-President of the United States shall be 
President of the Senate, but shall have no vote unless 
they be equally divided. 

5. The Senate shall choose their other officers, and 
also a President pro tempore in the absence of the Vice- 
President, or when he shall exercise the office of Presi- 
dent of the United States. 

6. The Senate shall have the sole power to try all 
impeachments. When sitting for that purpose, they 
shall be on oath or affirmation. When the President of 
the United States is tried, the Chief Justice shall pre- 



CONSTITUTION OF THE UNITED STATES. 21 

side ; and no person shall be convicted without the con- 
currence of two-thirds of the members present. 

7. Judgment in cases of impeachment shall not ex- 
tend further than to removal from office, and disqualifi- 
cation to hold and enjoy any office of honor, trust, or 
profit, under the United States ; but the party convicted 
shall nevertheless be liable and subject to indictment, 
trial, judgment, and punishment, according to law. 

Section IT.— Elections and Meetings of Congress. 

1. The times, places, and manner of holding elections 
for Senators and Kepresentatives shall be prescribed in 
each State by the Legislature thereof; but the Congress 
may at any time, by law, make or alter such regula- 
tions, except as to the places of choosing Senators. 

2. The Congress shall assemble at least once in every 
year ; and such meeting shall be on the first Monday in 
December, unless they shall by law appoint a different 
day. 

Section V.— Powers and Duties of the Houses. 

1. Each House shall be the judge of the elections, re- 
turns, and qualifications of its own members ; and a ma- 
jority of each shall constitute a quorum to do business, 
but a smaller number may adjourn from day to day, 
and may be authorized to compel the attendance of ab- 
sent members, in such manner and under such penalties 
as each House may provide. 

2. Each House may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, 
and, with the concurrence of two-thirds, expel a member. 

3. Each House shall keep a journal of its proceed- 
ings, and from time to time publish the same, excepting 
such parts as may, in their judgment, require secrecy ; 
and the yeas and nays of the members of either House 



22 



HAND-BOOK OF CIVIL GOVERNMENT. 



20 



21 



22 



23 
24 



on any question shall, at the desire of one-fifth of those 
present, be entered on the journal. 

4. Neither House, during the session of Congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that 
in which the two Houses shall be sitting. 

Section YI.— Priyilegres of and Prohibitions upon Members. 

1. The Senators and Kepresentatives shall receive a 
compensation for their services, to be ascertained by law, 
and paid out of the treasury of the United States. They 
shall, in all cases except treason, felony, and breach of 
the peace, be privileged from arrest during their attend- 
ance at the session of their respective Houses, and in 
going to and returning from the same ; and for any 
speech or debate in either House, they shall not be 
questioned in any other place. 

2. No Senator or Representative shall, during the 
time for which he was elected, be appointed to any civil 
office under the authority of the United States which 
shall have been created, or the emoluments whereof shall 
have been increased, during such time ; and no person 
holding any office under the United States shall be a 
member of either House during his continuance in office. 

Section YII.— Revenue Bills : President's Yeto. 

1. All bills for raising revenue shall originate in the 
House of Representatives ; but the Senate may propose 
or concur with amendments, as on other bills. 

2. Every bill which shall have passed the House of 
Representatives and the Senate shall, before it become 
a law, be presented to the President of the United 
States : if he approve, he shall sign it ; but, if not, he shall 
return it, with his objections, to that House in which it 
shall have origmated, who shall enter the objections at 



CONSTITUTION OF THE UNITED STATES. 23 

large on their journal, and proceed to reconsider it. If, 
after such reconsideration, two-thirds of that House shall 
agree to pass the bill, it shall be sent, together with the 
objections, to the other House, by which it shall like- 
wise be reconsidered ; and, if approved by two-thirds of 
that House, it shall become a law. But, in all such cases, 
the votes of both Houses shall be determined by yeas 
and nays ; and the names of the persons voting for and 
against the bill shall be entered on the journal of each 
House respectively. If any bill shall not be returned 
by the President within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall 
be a law in like manner as if he had signed it, unless the 
Congress, by their adjournment, prevent its return ; in 
which case it shall not be a law. 

3. Every order, resolution, or vote, to which the con- 
currence of the Senate and House of Representatives 
may be necessary (except on a question of adjourn- 
ment), shall be presented to the President of the Uni- 
ted States, and, before the same shall take effect, shall 
be approved by him, or, being disapproved by him, shall 
be repassed by two-thirds of the Senate and House of 
Representatives, according to the rules and limitations 
prescribed in the case of a bill. 



Section V 111.— Express Powers of Congress, 

The Congress shall have power, — 

1. To lay and collect taxes, duties, imposts, and ex- 
cises, to pay the debts, and provide for the common de- 
fence and general welfare, of the United States ; but all 
duties, imposts, and excises shall be uniform throughout 
the United States ; 

2. To borrow money on the credit of the United States ; 

3. To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes ; 



24 HAND-BOOK OF CIVIL GOVERNMENT. 

29 4. To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, throughout 
the United States ; 

30 5. To coin money, regulate the value thereof and of 
foreign coin, and fix the standard of weights and meas- 
ures; 

31 I 6. To provide for the punishment of counterfeiting the 

securities and current coin of the United States; 

32 7. To establish post-ofl[ices and post-roads ; 



33 

34 

35 

36 

37 

38 
39 

40 
41 



8. To promote the progress of science and useful arts, 
by securing for limited times, to authors and inventors, 
the exclusive right to their respective writings and dis- 
coveries ; 

9. To constitute tribunals inferior to the Supreme 
Court ; 

10. To define and punish piracies and felonies com- 
mitted on the high seas, and offences against the law of 
nations ; 

11. To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land and 
water ; 

12. To raise and support armies; but no appropria- 
tion of money to that use shall be for a longer term 
than two years ; 

13. To provide and maintain a navy ; 

14. To make rules for the government and regulation 
of the land and naval forces ; 

15. To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections, and repel 
invasions ; 

16. To provide for organizing, arming, and disciplining 
the militia, and for governing such part of them as 
may be employed in the service of the United States, 
reserving to the States respectively the appointment of 
the officers, and the authority of training the militia ac- 
cording to the discipline prescribed by Congress ; 



CONSTITUTION OF THE UNITED STATES. 25 

17. To exercise exclusive legislation in all cases 
whatsoever over such district (not exceeding ten miles 
square) as may, by cession of particular States and the 
acceptance of Congress, become the seat of the Govern- 
ment of the United States ; and to exercise like author- 
ity over all places purchased, by the consent of the 
Legislature of the State in which the same shall be, for 
the erection of forts, magazines, arsenals, dock-yards, 
and other needful buildings. And, — 

18. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, 
and all other powers vested by this Constitution in 
the Government of the United States, or in any depart- 
ment or officer thereof. 



Section IX.— Prohibitions upon the United States, 

1. The migration or importation of such persons as 
any of the States now existing shall think proper to ad- 
mit shall not be prohibited by the Congress prior to the 
year one thousand eight hundred and eight ; but a tax 
or duty may be imposed on such importation, not ex- 
ceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall 
not be suspended, unless when, in cases of rebellion or 
invasion, the public safety may require it. 

3. No bill of attainder, or ex-post-facto law% shall be 



4. No capitation or other direct tax shall be laid, un- 
less in proportion to the census or enumeration herein- 
before directed to be taken. 

5. No tax or duty shall be laid on articles exported 
from any State. No preference shall be given by any 
regulation of commerce or revenue to the ports of one 
State over those of another ; nor shall vessels bound to 

3 



26 BAND-BOOK OF CIVIL GOVERNMENT. 



49 



50 



51 



52 



or from one State be obliged to enter, clear, or pay 
duties, in another. 

6. No money shall be drawn from the treasury but in 
consequence of appropriations made by law ; and a regu- 
lar statement and account of the receipts and expen- 
ditures of all public money shall be published from time 
to time. 

7. No title of nobility shall be granted by the United 
States; and no person holding any office of profit or 
trust under them shall, without the consent of the Con- 
gress, accept of any present, emolument, office, or title, 
of any kind whatever, from any king, prince, or foreign 
state. 

Section X, — ^Prohibitions upon the States. 

1. No State shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal ; 
coin money; emit bills of credit; make anything but 
gold and silver coin a tender in payment of debts ; pass 
any bill of attainder, ex-post-facto law, or law impairing 
the obligation of contracts ; or grant any title of nobil- 
ity. 

2. No State shall, without the consent of the Congress, 
lay any imposts or duties on imports or exports, except 
what may be absolutely necessary for executing its in- 
spection laws ; and the net produce of all duties and im- 
posts laid by any State on imports or exports shall be 
for the use of the treasury of the United States, and all 
such laws shall be subject to the revision and control of 
the Congress. No State shall, without the consent of 
Congress, lay any duty of tonnage, keep troops or ships- 
of-war in time of peace, enter into any agreement or 
compact with another State or with a foreign power, or 
engage in war, unless actually invaded, or in such im- 
minent danger as will not admit of delay. 



53 



54 



55 



CONSTITUTION OF THE UNITED STATES. 27 

AETIOLE II.-EXEOUTIVE DEPAETMENT. 

Section I. 

Term : Election : Qualifications : Salary : Oath of Office. 

1. The executive power shall be vested m a Presi- 
dent of the United States of America. He shall hold 
his office during the term of four years^, and, together 
with the Vice-President chosen for the same term, be 
elected as follows : — 

2. Each State shall appoint, in such manner as the 
Legislature thereof may direct, a number of Electors, 
equal to the whole number of Senators and Kepresenta- 
tives to which the State may be entitled in the Con- 
gress ; but no Senator or Representative, or person hold- 
ing an office of trust or profit under the United States, 
shall be appointed an Elector. 

{Superseded by the 12th Article of Amendmenls.) 

3. The Electors shall meet in their respective States, and vote 
by ballot for two persons, of whom one, at least, shall not be an 
inhabitant of the same State with themselves. And they shall 
make a list of all the persons voted for, and of the number of 
votes for each ; which list they shall sign and certify, and trans- 
mit sealed to the seat of the Government of the United States, 
directed to the President of the Senate. The President of the 
Senate shall, in the presence of the Senate and House of Eepre- 
sentatives, open all the certificates, and the votes shall then be 
counted. The person having the greatest number of votes shall 
be the President, if such number be a majority of the whole 
number of Electors appointed ; and, if there be more than one 
who have such majority and have an equal number of votes, 
then the House of Representatives shall immediately choose, by 
ballot, one of them for President ; and, if no person have a 
majority, then, from the five highest on tlie list, the said House 
shall in like manner choose the President. But, in choosing the 
President, the votes shall be taken by States, the representation 
from each State having one vote : a quorum for this purpose 
shall consist of a member or members from two-thirds of the 



28 HAND-BOOK OF CIVIL GOVERNMENT. 

States, and a majority of all the States shall be necessary to a 
choice. In every case, after the choice of the President, the per- 
son having the greatest number of votes of the Electors shall be 
Vice-President. But, if there should remain two or more who 
have equal votes, the Senate shall choose from them, by ballot, 
the Vice-President. 



56 



57 



58 



59 



60 



4. The Congress may determine the time of choosing 
the Electors, and the day on which they shall give their 
votes ; which day shall be the same throughout the Uni- 
ted States. 

5. No person, except a natural-born citizen, or a citi- 
zen of the United States at the time of the adoption of 
this Constitution, shall be eligible to the office of Presi- 
dent ; neither shall any person be eligible to that office 
who shall not have attained to the age of thirty-five 
years, and been fourteen years a resident within the 
United States. 

6. In case of the removal of the President from office, 
or of his death, resignation, or inability to discharge the 
powers and duties of the said office, the same shall de- 
volve on the Vice-President ; and the Congress may by 
law provide for the case of removal, death, resignation, 
or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and 
such officer shall act accordingly until the disability be 
removed, or a President shall be elected. 

7. The President shall, at stated times, receive for 
his services a compensation, which shall neither be in- 
creased nor diminished during the- period for which he 
shall have been elected ; and he shall not receive within 
that period any other emolument from the United States, 
or any of them. 

8. Before he enter on the execution of his office, he 
shall take the following oath or affirmation : — 

9. " I do solemnly swear (or affirm) that I will faith- 
fully execute the office of President of the United States ; 



CONSTITUTION OF THE UNITED STATES. 29 

and will, to the best of my ability, preserve, protect, and 
defend the Constitution of the United States." 

Section II.— President's Executiye Powers. 

1. The President shall be commander-in-chief of the 
army and navy of the United States, and of the militia 
of the several States when called into the actual service 
of the United States : he may require the opinion, in 
writing, of the principal officer in each of the executive 
departments, upon any subject relating to the duties of 
their respective offices ; and he shall have power to grant 
reprieves and pardons for offences against the United 
States, except in cases of impeachment. 

2. He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two- 
thirds of the Senators present concur ; and he shall nom- 
inate, and by and with the advice and consent of the 
Senate shall appoint, ambassadors, other public ministers, 
and consuls, judges of the Supreme Court, and all other 
officers of the United States whose appointments are not 
herein otherwise provided for, and which shall be estab- 
lished by law : but the Congress may by law vest the ap- 
pointment of such inferior officers as they think proper 
in the President alone, in the courts of law, or in the 
heads of departments. 

3. The President shall have power to fill up all vacan- 
cies that may happen during the recess of the Senate 
by granting commissions, which shall expire at the end 
of their next session. 

Section III.— President's Executive Powers. 

1. He shall, from time to time, give to the Congress 

information of the state of the Union, and recommend 

to their consideration such measures as he shall judge 

necessary and expedient ; he may, on extraordinary 

3* 



30 HAND-BOOK OF CIVIL GOVERNMENT. 

occasions, convene both Houses, or either of them, and, 
in case of disagreement between them with respect to 
the time of adjournment, he may adjourn them to such 
time as he shall think proper ; he shall receive ambas- 
sadors and other public ministers ; he shall take care 
that the laws be faithfully executed, and shall commis- 
sion all the officers of the United States. 



65 



66 



67 



Section IV.— Impeachment. 

1. The President, Vice-President, and all civil officers 
of the United States, shall be removed from office on 
impeachment for, and conviction of, treason, bribery, or 
other high crimes and misdemeanors. 

AETIOLE III.-JUDIOIAL DEPARTMENT. 

Section I.— Courts: Terms of Office. 

1. The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior courts 
as the Congress may, from time to time, ordain and es- 
tablish. The judges, both of the supreme and inferior 
courts, shall hold their offices during good behavior ; and 
shall, at stated times, receive for their services a com- 
pensation, which shall not be diminished during their 
continuance in office. 

Section II.— Jurisdiction. 

1. The judicial power shall extend to all cases in law 
and equity arising under this Constitution, the laws of 
the United States, and treaties made or which shall be 
made under their authority ; to all cases affecting am- 
bassadors, other public ministers, and consuls ; to all 
cases of admiralty and maritime jurisdiction ; to con- 
troversies to which the United States shall be a party ; 
(to controversies between two or more States,) between 
a State and citizens of another State, between citizens 



CONSTITUTION OF THE UNITED STATES. 31 

of different States, between citizens of tlie same State 
claiming lands under grants of different States, and be- 
tween a State, or the citizens thereof, and foreign states, 
citizens, or subjects. 

2. In all cases affecting ambassadors, other public 
ministers, and consuls, and those in which a State shall 
be a party, the Supreme Court shall have original juris- 
diction. In all the other cases before mentioned, the Su- 
preme Court shall have appellate jurisdiction, both as to 
law and fact, with such exceptions and under such regu- 
lations as the Congress shall make. 

3. The trial of all crimes, except in cases of impeach- 
ment, shall be by jury ; and such trial shall be held in 
the State where the said crimes shall have been com- 
mitted : but, when not committed within any State, the 
trial shall be at such place or places as the Congress may 
by law have directed. 

Section III. — Treason. 

1. Treason against the United States shall consist 
only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall 
be convicted of treason, unless on the testimony of two 
witnesses to the same overt act, or on confession in open 
court. 

2. The Congress shall have power to declare the pun- 
ishment of treason ; but no attainder of treason shall 
work corruption of blood, or forfeiture, except during 
the life of the person attainted. 

AETIOLE IV -EELATIONS OF STATES. 
Section I.— Public Records. 

1. Full faith and credit shall be given in each State 
to the public acts, records, and judicial proceedings, of 
every other State. And the Congress may, by general 



82 BAND-BOOK OF CIVIL GOVERNMENT. 

laws, prescribe the manner in which such acts, records, 
and proceedings shall be proved, and the effect thereof. 



73 
74 



75 



76 



77 



78 



Section II.— Mutual Big'hts. 

1. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States. 

2. A person charged in any State wdth treason, fel- 
ony, or other crime, who shall flee from justice and be 
found in another State, shall, on demand of the execu- 
tive authority of the State from which he fled, be deliv- 
ered up, to be removed to the State having jurisdiction 
of the crime. 

3. No person held to service or labor in one State 
under the laws thereof, escaping into another, shall, in 
consequence of any law or regulation therein, be dis- 
charged from such service or labor, but shall be deliv- 
ered up on claim of the party to whom such service or 
labor may be due. 

Section III.— New States : Territories. 

1. New States may be admitted by the Congress into 
this Union ; but no new State shall be formed or erected 
within the jurisdiction of any other State, nor any State 
be formed by the junction of two or more States, or parts 
of States, without the consent of the legislatures of the 
States concerned, as well as of the Congress. 

2. The Congress shall have power to dispose of and 
make all needful rules and regulations respecting the 
territory, or other property, belonging to the United 
States ; and nothing in this Constitution shall be so con- 
struedas to prejudice any claims of the United States or 
of any particular State. 

Section IT.— National Protection. 

1. The United States shall guarantee to every State 
in this Union a republican form of government, and shall 



CONSTITUTION OF THE UNITED STATES. 33 

protect each of them against invasion, and, on application 
of the legislature or of the executive (when the legisla- 
ture cannot be convened), against domestic violence. 

AETIOLE Y.-AMENDMENT. 

1. The Congress, whenever two-thirds of both Houses 
shall deem it necessary, shall propose amendments to this 
Constitution, or, on the application of the legislatures of 
two-thirds of the several States, shall call a convention 
for proposing amendments, which, in either case, shall be 
valid to all intents and purposes as part of this Constitu- 
tion, when ratified by the legislatures of three-fourths of 
the several States, or by conventions in three-fourths 
thereof, as the one. or the other mode of ratification may 
be proposed by the Congress : provided that no amend- 
ment which may be made prior to the year one thousand 
eight hundred and eight shall in any manner afiect the 
first and fourth clauses in the ninth section of the first 
article ; and that no State, without its consent, shall be 
deprived of its equal suffrage in the Senate. 

ARTICLE YL- NATIONAL DEBTS: SUPEEMAOY 
OP NATIONAL LAW: OATH. 

1. All debts contracted, and engagements entered into, 
before the adoption of this Constitution, shall be as valid 
against the United States, under this Constitution, as un- 
der the Confederation. 

2. This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all trea- 
ties made, or which shall be made, under the authority 
of the United States, shall be the supreme law of the 
land ; and the judges in every State shall be bound there- 
by, anything in the Constitution or laws of any State to 
the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, 

C 



34 HAND-BOOK OF CIVIL GOVERNMENT. 

and the members of the several State legislatures, and 
all executive and judicial officers both of the United 
States and of the several States, shall be bound by oath 
or affirmation to support this Constitution ; but no re- 
ligious test shall ever be required as a qualification to 
any office or public trust under the United States. 

AKTIOLE VII. 
ESTABLISHMENT OF CONSTITUTION. 

33 1. The ratification of the Conventions of nine States 
shall be sufficient for the establishment of this Constitu- 
tion between the States so ratifying the same. 



84 



85 



86 



AMENDMENTS TO THE CONSTITUTION. 

AKTIOLE I.-r-EEEDOM OP EELIGION, SPEECH, 
AND PEESS : EIGHT OP PETITION. 

Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof; 
or abridging the freedom of speech or of the press ; or 
the right of the people peaceably to assemble, and to pe- 
tition the government for a redress of grievances. 

AETICLE II.-EIGHT TO KEEP AEMS. 
A well-regulated militia being necessary to the security 
of a free State, the right of the people to keep and bear 
arms shall not be infringed. 

AETICLE III.-QUAETEEING OF SOLDIEES IN 
PEIVATE HOUSES. 

No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner ; nor in time of 
war but in a manner prescribed by law. 



CONSTITUTION OF THE UNITED STATES. 35 

AETIOLE IV.-SEAEOH-WAEEANTS. 
The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches 
and seizures, shall not be violated ; and no warrants shall 
issue but upon probable cause, supported by oath or 
affirmation, and particularly describing the place to be 
searched, and the persons or things to be seized. 

AETIOLE Y.-OEIMINAL PEOOEEDINGS. 

No person shall be held to answer for a capital or 
otherwise infamous crime, unless on a presentment or in- 
dictment of a grand jury, except in cases arising in the 
land or naval forces, or in the militia, when in actual ser- 
vice, in time of war or public danger ; nor shall any per- 
son be subject, for the same offence, to be twice put in 
jeopardy of life or limb ; nor shall be compelled, in any 
criminal case, to be a witness against himself; nor be de- 
prived of life, liberty, or property, without due process 
of law ; nor shall private property be taken for public 
use, without just compensation. 

AETIOLE VI -OEIMINAL PEOOEEDINGS. 
In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial by an impartial 
jury of the State and district wherein the crime shall 
have been committed, which district shall have been 
previously ascertained by law ; and to be informed of 
the nature and cause of the accusation ; to be confronted 
with the witnesses against him; to have compulsory 
process for obtaining witnesses in his favor ; and to have 
the assistance of counsel for his defence. 

AETIOLE VII.-JUET TEIAL IN OIVIL OASES. 
In suits at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by 



86 



BAND- BOOK OF CIVIL GOVERNMENT. 



91 



92 



93 



94 



95 



jury shall be preserved ; and no fact, tried by a jury, 
shall be otherwise re-examined in any court of the Uni- 
ted States than according to the rules of the common law. 

AKTIOLE VIII.-EXOESSIVE PUNISHMENTS. 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

ARTICLE IX.-EiaHTS OP PEOPLE NOT NAMED. 
The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others re- 
tained by the people. 

ARTICLE X.-POWERS RESERVED TO STATES. 

The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are re- 
served to the States respectively, or to the people. 

ARTICLE XI -SUITS AGAINST STATES. 

The judicial power of the United States shall not be 
construed to extend to any suit in law or equity com- 
menced or prosecuted against one of the United States 
by citizens of another State, or by citizens or subjects of 
any foreign State. 

ARTICLE XII. 
ELECTION OF PRESIDENT AND VICE-PRESIDENT. 
1. The electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, one 
of whom, at least, shall not bean inhabitant of the same 
State with themselves : they shall name in their ballots 
the person voted for as President, and in distinct ballots 
the person voted for as Vice-President ; and they shall 
make distinct lists of all persons voted for as President, 
and of all persons voted for as Vice-President, and of 



CONSTITUTION OF THE UNITED STATES. 37 

the number of votes for each ; which lists they shall sign 
and certify, and transmit, sealed, to the seat of the govern- 
ment of the United States, directed to the President of 
the Senate. The President of the Senate shall, in the pres- 
ence of the Senate and House of Representatives, open 
all the certificates, and the votes shall then be counted : 
the person having the greatest number of votes for Presi- 
dent shall be the President, if such number be a majority 
of the whole number of electors appointed ; and if no 
person have such majority, then, from the persons having 
the highest numbers, not exceeding three, on the list of 
those voted for as President, the House of Representa- 
tives shall choose immediately, by ballot, the President. 
But, in choosing the President, the votes shall be taken 
by States, the representation from each State having one 
vote : a quorum for this purpose shall consist of a mem- 
ber or members from two-thirds of the States, and a ma- 
jority of all the States shall be necessary to a choice. 
And if the House of Representatives shall not choose 
a President, whenever the right of choice shall devolve 
upon them, before the fourth day of March next follow- 
ing, then the Vice-President shall act as President, as 
in the case of the death, or other constitutional disabil- 
ity, of the President. 

2. The person having the greatest number of votes 
as Vice-President shall be the Vice-President, if such 
number be a majority of the whole number of electors 
appointed ; and if no person have a majority, then, from 
the two highest numbers on the list, the Senate shall 
choose the Vice-President : a quorum for the purpose 
shall consist of two-thirds of the whole number of Sen- 
ators ; and a majority of the whole number shall be 
necessary to a choice. 

3. But no person constitutionally ineligible to the 
office of President shall be eligible to that of Vice- 
President of the United States. 

4 



38 



HAND-BOOK OF CIVIL GOVERNMENT. 



98 



99 



100 



AKTIOLE XIII -ABOLITION OP SLAVERY. 

1. Neither slavery nor involuntary servitude, except as 
a punishment for crime, whereof the party shall have been 
duly convicted, shall exist within the United States, or 
any place subject to their jurisdiction. 

2. Congress shall have power to enforce this article by 
appropriate legislation. 

ARTICLE XIY -CIVIL RiaHTS. 
Citizenship, 

1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens 
of the United States and of the State wherein they reside. 
No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the 
United States ; nor shall any State deprive any person 
of life, liberty, or property, without due process of law, 
nor deny to any person within its jurisdiction the equal 
protection of the laws. 

Apportionment of Representatives. 

2. Representatives shall be apportioned among the 
several States according to their respective numbers, 
counting the whole number of persons in each State, ex- 
cluding Indians not taxed. But when the right to vote 
at any election for the choice of electors for President 
and Vice-President of the United States, representatives 
in Congress, the executive and judicial officers of a State, 
or the members of the legislature thereof, is denied to any 
of the male inhabitants of such State, being twenty-one 
years of age and citizens of the United States, or in any 
way abridged, except for participation in rebellion or 
other crime, the basis of representation therein shall be 
reduced in the proportion which the number of such 
male citizens shall bear to the whole number of male 
citizens twenty-one years of age in such State. 



CONSTITUTION OF THE UNITED STATES. 39 

Political Disabilities. 

3. No person shall be a senator or representative in 
Congress, or elector of President and Vice-President, or 
hold any office, civil or military, under the United States 
or under any State, who, having previously taken an oath 
as a member of Congress, or as an officer of the United 
States, or as a member of any State Legislature, or as an 
executive or judicial officer of any State, to support the 
Constitution of the United States, shall have engaged in 
insurrection or rebellion against the same, or given aid or 
comfort to the enemies thereof But Congress may, by 
a vote of two-thirds of each House, remove such disa- 
bility. 

Public Debt. 

4. The validity of the public debt of the United States 
authorized by law, including debts incurred for payment 
of pensions and bounties for services in suppressing in- 
surrection and rebellion, shall not be questioned. 

But neither the United States nor any State shall 
assume or pay any debt or obligation incurred in aid of 
insurrection or rebellion against the United States, or 
any claim for the loss or emancipation of any slave ; but 
all such debts, obligations, and claims, shall be held ille- 
gal and void. 

Enforcement by Congress. 

5. The Congress shall have power to enforce by ap- 
propriate legislation the provisions of this article. 

ARTICLE XV -RIGHT OP SUTPRAGE. 

Section 1. The right of the citizens of the United 
States to vote shall not be denied or abridged by the 
United States or any State on account of race, color, or 
previous condition of servitude. 

Section 2. The Congress shall have power to enforce 
by appropriate legislation the provisions of this article. 



Questions 

ON THE 

CONSTITUTION OF THE UNITED STATES. 

Note.— The pupil having now made himself familiar with the text of 
the Constitution, its various clauses will be examined in detail. 

The Enacting Clause. 

" We, the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tranquil- 
lity, provide for the common defence, promote the general wel- 
fare, and secure the blessings of liberty to ourselves and our 
posterity, do ordain and establish this Constitution for the United 
States of America." [1.] 

62. What is the first clause of the Constitution sometimes called ? 
The first clause of the Constitution is sometimes called the 

Preamble. 

63. Was the term " Preamble " used by the framers of the Con- 
stitution ? 

The word " Preamble " was not used by the framers of the 
Constitution, and it is not found in the original manuscript. 

64. W^hat is the difference between a preamble and an enacting 
clause ? 

65. How does the enacting clause show the difference between the 
Articles of Confederation and the Constitution ? 

The Articles of Confederation were a compact between the 
States as such, while the enacting clause shows the Constitu- 
tion to be a compact of the People. 

66. What are the objects of the enacting clause ? 

The objects of the enacting clause are to state the author- 
ity an4 purposes of the Constitution, to put it into effect, 
and to name the nation for whose benefit it is enacted. 

40 



QUESTIONS ON THE CONSTITUTION. 



41 



67. What were the purposes for which the Constitution was adopted ? 

68. How is the enacting clause related to all the other clauses of 
the Constitution ? 

The enacting clause forms a valuable aid in interpreting 
the true meaning of the other clauses of the Constitution. 

69. Into how many departments does the Constitution divide the 
government of the United Sfates ? 

The Constitution divides the government of the United 
States into three departments : the Legislative, Executive, 
and Judicial. 

70. What is the Legislative power ? 

The Legislative power is the power which makes the laws. 

71. What is the Executive power? 

The Executive power is the power which carries the laws 
into effect. 

72. What is the Judicial power ? 

The Judicial power is the power which interprets the laws. 

73. How many articles does the Constitution contain? 

74. To what does each article of the Constitution relate ? 

75. Are the three great departments of government entirely dis- 
tinct? 

The three great departments of government are not dis- 
tinct. The President has a veto on legislation, the Senate 
sometimes sits as a court, and sometimes transacts executive 

business. 

BlacJcboard Exercise, No. II, 

fl. House of Kepresentatives. [2.] 
J 2. Senate. [2.] 
3. President U. S. 



> 
O 

o 

> 



1. Legislative. 

2. Executive. President of U. S. [53.] 



3. Judicial. 



1. Supreme Court. 

2. Inferior Courts. 



[66.] 
[66.] 



3. The Senate. [13.] f 



* Exercises the power of veto over Congressional legislation, 
t In cases of impeachment. 
4* 



42 HAND-BOOK OF CIVIL GOVERNMENT. 

AETIOLE I -THE LEGISLATIVE DEPARTMENT. 

Section I.— Congress. 

^^All legislative powers herein granted, shall he vested in a 
Congress of the United States, which shall consist of a Senate 
and House of Representatives ^ [2.] 

76. To what does this section relate ? 

77. Define the words " legislative," " vested," and " Congress." * 

78. Of what does the Congress of the United States consist ? 

79. How was all authority vested under the Confederation ? 

80. Was there any Executive or Judicial department under the 
Confederation ? 

81. How many houses do most legislative bodies have? 

82. How many houses did the Continental Congress have ? 

83. What is the advantage of dividing the legislative body into two 
branches ? 

The advantage of dividing a legislative body into two 
branches is that each serves to act as a check upon the other. 

84. How is the British Parliament composed ? 

85. How does the British Parliament correspond with the Congress 
of the United States ? 

Section II.— House of Representatives. 

Clause I. " The House of Representatives shall he composed 
of memhers chosen every second year hy the people of the sev- 
eral States, and the electors in each State shall have the qualifi- 
cations requisite for electors of the most numerous hranch of the 
State legislature." [3.] 

86. Define the words " Representatives," " several," " qualifications," 
and "legislature." 

87. How is the House of Representatives composed ? 

88. How often are Representatives chosen? 

89. By whom are Representatives chosen ? 

90. Who are meant by " electors " ? 



* The teacher should insist upon a careful definition of terms before 
proceeding to the following questions. 



QUESTIONS ON THE CONSTITUTION. 43 

By " electors," voters are meant. 

91. What are the qualifications of voters for Representatives? 

92. How often were members of Congress chosen under the Confed- 
eration ? 

93. By whom were members of Congress chosen under the Confed- 
eration ? 

94. Could members of Congress be recalled under the Confedera- 
tion? 

95. Why does the Constitution make the term of Representatives 
short? 

The Constitution makes the term of Representatives 
short, in order that they may come frequently and directly 
under the supervision of the people. 

96. What difference of opinion was there about the term of Rep- 
resentatives in the Constitutional Convention ? 

In the Constitutional Convention some were in favor of a 
term of one and others of three years for Representatives. 

97. What is the term of a member of the British House of 
Commons ? 

The term of a member of the British House of Commons 
is seven years. 

98. Why are Representatives elected by the people? 
Representatives are elected by the people in order to 

bring one branch of the National Legislature into the closest 
relations with the people. 

99. How else might Representatives have been elected ? 
Representatives might have been elected by the State 

Legislatures ? 

100. How are the qualifications of voters defined? 

The qualifications of voters are defined by the States. 

101. In voting for Representatives, how are the States divided ? 
In voting for Representatives, the States are divided into 

what are called Congressional districts. 

102. Into how many Congressional Districts is each State divided ? 
Each State is divided into as many Congressional Districts 

as the State has Representatives. 



44 HAND-BOOK OF CIVIL GOVERNMENT. 

103. How are Congressional Districts designated ? • 
Congressional Districts are designated by numbers. 

104. For how many candidates do the electors of each Congres- 
sional District vote ? 

The electors of each Congressional District vote for one 
candidate, though the candidate need not be a resident of 
the voters' district. 

105. When was the law passed requiring elections of Kepresenta- 
tives by Districts ? 

106. How many Congressional Districts are there in your State ? 

107. Who are the Representatives of your State ? 

108. When will the terms of the Representatives from your State 
expire ? 

109. What is the most numerous branch of your State Legislature 
called? 

110. What are the qualifications of those who vote for the mem- 
bers of the most numerous branch of your State Legislature ? 

111. What is the number of the present Congress? 

112. When will the present Congress expire? 

113. Which political party is in the majority in the present Con- 



114. When does the official year of our government begin? 
The official year of our government begins March 4th. 

115. When does the fiscal year begin? 

The fiscal year of our government begins July 1st. 

Clause II. " No person shall he a Representative, who shall 
not have attained the age of twenty-five years, and been seven 
years a citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State in which he shall be 
chosen.'^ [4.] 

116. Define the words " Representative," *" attained," " citizen," 
" elected," " inhabitant," and " chosen." 

117. To what does this clause relate ? 



- The definitions of words are sometimes repeated for the purpose of 
review. 



QUESTIONS ON THE CONSTITUTION. 45 

This clause relates to the qualifications of Representatives. 

118. How old must a Kepresentative be? 

119. How long must a Kepresentative have been a citizen of the 
United States ? 

120. What is required of Kepresentatives in regard to residence? 

121. Can the States require any qualifications of Representatives 
which the Constitution does not ? 

It has been decided that the States cannot require qualifi- 
cations of Representatives which the Constitution does not. 

122. Who prescribed the qualifications of Representatives under 
the Confederation? 

The States prescribed the qualifications of Representatives 
under the Confederation. 

123. What age is required in the British Parliament? 
Members of the British Parliament are required to be 

twenty-one years of age. 

124. What age is required for membership in the State Legislatures ? 
For membership in the State Legislatures, the age of 

twenty-one years is required. 

125. Is a Representative required to be a natural-born citizen? 

126. How long must an alien reside in this country before he can 
become a Representative in Congress ? 

A law of Congress requires five years' residence before an 
alien can become naturalized ; which, added to seven years' 
citizenship, requires twelve years' actual residence. 

127. Is any exception made in favor of aliens who have served in 
the army? (See Question 540.) 

128. Must a Representative be a resident of the District in which 
he is chosen ? 

A Representative is not required to be a resident of the 
District in which he is chosen, but simply of the State. 

129. Why should a Representative be a resident of the State in 
which he is chosen ? 

A Representative should be a resident of the State in 
which he is chosen, in order that he may be better acquainted 
with the wants of the people whom he represents, and guard 
their interests. 



46 HAND-BOOK OF CIVIL GOVERNMENT. 

130. Are Kepresentatives required to continue their residence in 
the State which they represent ? 

Representatives are not required to continue their residence 
in the States in which they are chosen ; they may hold their seats 
in Congress even though they should change their residence. 

131. Do members of Parliament ever represent other boroughs than 
tliose in which they live? 

Members of Parliament frequently represent other bor- 
oughs than those in which they live. 

132. Does the Constitution require a Representative to be a voter? 
The Constitution does not require a Representative to be a 

voter. 

133. Under what circumstances would the seven years' citizenship 
not be required of Representatives ? 

The seven years' citizenship would not be required if a 
State should come into the Union by conquest or purchase. 
The inhabitants would become citizens at once, and the seven 
years would not be insisted upon. 

134. Can a person who has been disloyal be a Representative ? [101.] 

135. Can a person holding an office under the United States be a 
Representative? [22.] 

A person holding an office under the United States cannot 
be a Representative ; he must first resign his office. 

136. How old is the Representative from your District ? 

137. Does the Representative of your District still reside in that 
District? 

138. By what political party was the Representative of your Dis- 
trict elected ? 

Clause III. " Representatives and direct taxes shall he ap- 
portioned among the several States which may he included 
within this Union, according to their respective numbers, which 
shall he determined hy adding to the whole number of free per- 
sons, iyicluding those hound to service for a term of years, and 
excluding Indians not taxed, three-fifths of all other per- 
sons. The actual enumeration shall be made within three 



QUESTIONS ON THE CONSTITUTION 47 

years after the first meeting of the Congress of the United States, 
and ivithin every subsequent term of ten years, in such manner 
as they shall by law direct. The number of Bepresentatives 
shall not exceed one for every thirty thousand, but each State 
shall have at least one Representative ; and until such enume- 
ration shall be made, the State of Neiv Hampshire shall be en- 
titled to choose three, Massachusetts eight, Rhode Island and 
Providence Plantations one, Connecticut five. New York six. 
New Jersey four, Pennsylvania eight, Delaware one, Maryland 
six,Virginia ten, North Carolina five, South Carolina five, and 
Georgia three." [5.] 

139. Define " Eepresentatives," " direct taxes," " apportioned," 
" several," " respective," " determined," " service," " enumeration," 
"subsequent," and "entitled." 

140. How are Representatives and direct taxes apportioned among 
the several States ? 

141. Are any besides free persons counted in apportioning Eepre- 
sentatives ? 

142. Who are meant by those bound to service for a term of years? 
By those bound to service for a term of years apprentices 

are meant. 

143. What provision is made in regard to apprentices in apportion- 
ing Representatives ? 

144. What provision is made in regard to Indians in apportioning 
Representatives ? 

145. How is the whole number of free persons ascertained in appor- 
tioning Representatives ? 

146. What must be added to the whole number of free persons in 
apportioning Representatives ? 

147. Who are meant by " other persons " ? 

By the expression " other persons " used in this clause 
slaves are meant. 

148. How has the portion of the clause referring to slaves been 
changed ? 

The portion of the clause referring to slaves has been 
changed by the Fourteenth Amendment. [100.] 

149. When was the fii'st enumeration to be made ? 



48 HAND-BOOK OF CIVIL GOVERNMENT. 

150. When was the first census actually made ? 
The first census was made in 1790. 

151. How often has the census been taken since 1790? 

152. In what manner is the enumeration to be made ? 

153. How was the number of Representatives originally limited ? 

154. To how many Eepresentatives was each State entitled until 
the first census was taken ? 

155. When was the last apportionment made ? 

The last apportionment of Representatives was made in 
1882. 

156. By what census was the apportionment of 1882 determined? 
The apportionment of 1882 was determined by the census 

of 1880. 

157. What is the ratio of representation under the apportionment 
of 1882 ? 

The ratio of representation under the apportionment of 
1882 is one Representative for every 151,912. 

158. What is the whole number of Representatives under the ap- 
portionment of 1882 ? 

The whole number of Representatives under the appor- 
tionment of 1882 is three hundred and twenty-five. 

159. How did the States vote in Congress under the Confedera- 
tion? 

In the Congress under the Confederation each State had 
one vote. 

160. How do members of the House of Representatives vote ? 
Each member of the House of Representatives has one 

vote, and his vote is counted without reference to other Rep- 
resentatives from the same State, thus giving each State as 
many votes as it has Representatives. 

161. How are Territories represented in Congress ? 

Each Territory is allowed to send one delegate to Congress, 
who may engage in debates, but who cannot vote. 

162. How many Territorial delegates are there in the present Con- 
gress ? 

163. How is the whole number of Representatives under a regular 
apportionment sometimes increased ? 



QUESTIONS ON THE CONSTITUTION. 49 

The whole number of Representatives is somietimes in- 
creased by the admission of new States. 

164. Has the present Kepresentative apportionment been increased 
by the admission of new States ? 

165. Is the District of Cohimbia represented in Congress ? 

166. Which State had the largest number of Kepresentatives in the 
First Congress ? 

167. Which State has the largest number of Eepresentatives in 
Congress now ? 

168. What is the smallest number of Eepresentatives a State can 
have? 

169. Of how many members did the first House of Eepresentatives 
consist ? 

170. State exactly how Eepresentatives are apportioned now. 
The manner in which an apportionment is made is this : 

Representation is based upon the number of persons in 
the States, excluding Indians not taxed. This number, 
for the whole country, according to the census of 1880, was 
49,371,340. Dividing this number by 325, which was fixed 
upon for a full House of Representatives, the result was 
one hundred and fifty-one thousand nine hundred and 
twelve. 

This is known as the Representative quota. Now as 
every State must have one Representative, there is first 
assigned one to each of the States which have less than the 
number above given. Then the population of each State 
is divided by one hundred and fifty-one thousand nine hun- 
dred and twelve, and the quotient and remainder are care- 
fully noted. 

Next, Representatives are assigned to the several States, 
to the number so ascertained upon a division. Finally, 
additional Representatives are given to the States having 
the largest remainders, until the full number of 325 is ob- 
tained. A strong effort has been made to secure the adoption 
of a different plan, but the result of taking up with it has 
seemed to so many people to be unjust, that it has not been 
carried. 

5 D 



50 HAND-BOOK OF CIVIL GOVERNMENT. 

At present, the House of Eepresentatives consists of 
three hundred and twenty-five members. This distribution 
is based upon the census of 1880, and allows one member 
for every 151,912 inhabitants. The following table shows 
how many Eepresentatives each State now has, how many 
it had in the preceding decade, and the gain or loss in each 
State. 



Present 

State. Number, 

1. Alabama 8 

2. Arkansas 5 

3. California 6 

4. Colorado 1 

5. Connecticut 4 

6. Delaware 1 

7. Florida 2 

8. Georgia 10 

9. Illinois 20 

10. Indiana 13 

11. Iowa 11 

12. Kansas 7 

13. Kentucky 11 

14. Louisiana 6 

15. Maine 4 

16. Maryland 6 

17. Massachusetts 12 

18. Michigan 11 

19. Minnesota 5 

20. Mississippi 7 

21. Missouri 14 

22. Nebraska 3 

23. Nevada 1 

24. New Hampshire.... 2 

25. New Jersey 7 

26. New York. 34 

27. North Carolina 9 

28. Ohio .-. 21 

29. Oregon 1 

30. Pennsylvania 28 



t 


Number 

Heretofore. 

8 


Gain. 
... 1 


Loss. 




4 






4 


... 2 
... 1 






1 






4 






1 






2 






9 . 






19 


... 1 






13 








9 


... 2 

... 4 
... 1 






3 ...... 






10 






6 






5 




1 




6 








11 


... 1 






9 


... 2 






3 


... 2 






6 


... 1 






13 


... 1 






1 .... 


... 2 






1 








3 


1 




7 


1 






33 . . 






8 ..... 


... 1 






20 


... 1 






1 


... 1 






27 





QUESTIONS ON THE CONSTITUTION 51 

Future Present 

State. Number. Number. Gain. Loss. 

31. Khode Island 2 2 

32. South Carolina 7 5 2 



33. Tennessee 10 10 

34. Texas 11 6 5 

35. Vermont 2 3 

36. Virginia 10 9 1 

37. West Virginia 4 3 1 

38. Wisconsin 9 8 1 

Total 325 293 35 



Fourteen States gain one member each ; six gain two each ; one 
gains four, and one gains five. Three States lose one member each, and 
thirteen have an unchanged representation. The three which lose are 
all in New England, and the two largest gainers are Kansas and Texas 
in the Southwest. 

Clause IV. " When vacancies happen in the representation 
from any State, the executive authority thereof shall issue writs 
of election to fill such vacancies." [6.] 

171. Define the words "vacancies," "representation," "issue," 
" writs," and " election." 

172. To what does this clause relate ? 

173. How are vacancies in the House of Kepresentatives filled ? 

174. How may vacancies in the House of Eepresentatives happen? 
Vacancies may happen in the House of Representatives 

by death, resignation, removal, or accepting offices which 
Representatives are not allowed to hold. 

175. How long does the person elected to fill a vacancy in the 
House of Eepresentatives hold his office ? 

A person elected to fill a vacancy in the House of Repre- 
sentatives only holds the office during the remainder of the 
term. 

176. How are writs of Representative elections directed ? 
Writs of Representative elections are directed to the Con- 
gressional District in which the vacancy occurs. 

177. What is the election held in accordance with Executive writs 
caUed? 

The election held in accordance with Executive writs is 
called a Special Election. 



62 HAND-BOOK OF CIVIL GOVERNMENT. 

178. Is there any vacancy in the representation of your State ? 

179. What is meant by the Executive authority of a State ? 

Clause V. " The House of Representatives shall choose their 
Speaker and other officers ; and shall have the sole power of 
impeachment [7.] 

180. Define the words "House," and "sole." 

181. What is meant by the " Speaker"? 

The Speaker is the presiding officer of tlie House of Rep- 
resentatives. 

182. What was the presiding officer of the Continental Congress 
called ? 

The presiding officer of the Continental Congress was 
called the President. 

183. Who are meant by the "other officers" ? 
184.- What is the power of impeachment ? 

Impeachment is the right which Representatives have to 
bring an accusation against officers of government for mal- 
administration of office. 

185. By whom are the Speaker and other officers appointed ? 

186. How is the Speaker of the House of Kepresentatives chosen? 
The Speaker of the House of Representatives is chosen 

from among the members themselves, being himself a Rep- 
resentative. 

187. Why is it important that the Speaker of the House should be 
a Eepresentative ? 

A Speaker not responsible to the House might be the 
cause of considerable trouble. 

188. Are the other officers members of the House? 

The officers of the House of Representatives other than 
the Speaker are not members of the House. 

189. How is the office of Clerk of the House of Eepresentatives 
usually filled ? 

The office of Clerk of the House of Representatives is 
usually filled by an ex-member of Congress. 



QUESTIONS ON THE CONSTITUTION 53 

190. Why is the office of Clerk one of great importance? 

The office of Clerk of the House of Representatives is one 
of great importance because he presides at the organization 
of the subsequent Congress, and it sometimes occurs that a 
Speaker is not elected at once. 

191. What are the duties of the Sergeant-at-Arms, Doorkeeper, Post- 
master, and Chaplain ? 

192. Who has the sole power of impeachment ? 

193. Are impeachments tried by the House of Kepresentatives ? 
Impeachments are tried by the Senate. 

194. What are the duties of the House of Kepresentatives in cases 
of impeachment? 

The duties of the House of Representatives in cases of 
impeachment, are to make inquiry, prepare a report accord- 
ingly, draw up articles containing charges, and appoint a 
committee to prosecute the impeachment before the Senate. 

195. Who are the present officers of the House of Eepresentatives ? 

196. Are any of the present officers of the House of Kepresentatives 
residents of your State or District ? 

197. In which Kepresentative District do you live? 

198. To which political party does the present Speaker of the 
House belong ? 

Principal Officers of the House. 

Speaker, 

Chaplain, 

Clerk of the House, 

Chief Clerk, 

Sergeant-at-Arms, 

Postmaster, 

Doorkeeper, 

Superintendent of Folding-Room, 

Superintendent of Upper Document-Room, 

Superintendent of Lower Document-Room, 

Librarian, 

Stenographers, 

Official Reporters of Debates, and 

Public Printer. 



54 



HAND-BOOK OF CIVIL GOVERNMENT. 



Blackboard Exercise, No, III, 



I. Composition. [3.] 

11. Term. [3.] 

III. Election. [3.] 

IV. Electors. [3.] 



V. Qualifications. 



1. Age. [4.] 

2. Citizenship. [4.] 

3. Inhabitancy. [4.] 

4. Disencumbrance. [82.] 

5. Loyalty. [101.] 



VI. Apportionment. [5.] 
VII. Proportion. [5.] 
VIII. Census. [5.] 
IX. Vacancies. [6.] 
X. Officers. [7.] 
XI. Powers. [7.] 



Section III.— The Senate. 

Clause I. "T/ie Senate of the United States shall be com- 
posed of two Senators from each State, chosen by the Legislature 
thereof, for six years ; and each Senator shall have one vote." [8.] 

199. What is the derivation and meaning of the word " Senate " ? 

200. Define the words " composed," " chosen," and " vote." 

201. How is the Senate composed? 

202. By whom are Senators chosen ? 

203. For how long are Senators chosen ? 

204. How many votes has each Senator? 

205. Why was it arranged that the Senate should be composed of 
two Senators from each State ? 

The composition of the Senate was the result of a com- 
promise between the larger and smaller States ; the smaller 
States consenting to representation in the House on the basis 
of population, and the larger States consenting to equality 
in the Senate. 

206. Is there any distinction in the Senate between States on 
account of size ? 

207. How does the organization of the Senate differ from that of the 
House ? 



QUESTIONS ON THE CONSTITUTION. 65 

208. Of how many members is the Senate at present composed ? 

209. What is the difference in the mode of electing Senators and 
Kepresentatives ? 

210. Does the Constitution prescribe the precise method in which 
the Legislature of a State shall choose the Senators ? 

The Constitution does not prescribe the precise method by 
which the Legislature of a State shall choose Senators, but 
Congress has regulated the time and manner of holding 
such elections. 

211. How has Congress regulated the time of electing Senators? 
Congress has provided that the Legislature of each State, 

which shall be chosen next preceding the expiration of the 
time for which any Senator was elected, shall, on the second 
Tuesday after the meeting and organization thereof, proceed 
to elect a Senator. 

212. How has Congress regulated the manner of electing Senators? 
Congress has also provided that each House of the State 

Legislature separately shall nominate a person for Senator ; 
the next day they shall meet in joint assembly ; and, if upon 
casting their votes the same person shall have received a 
majority of all the votes in each House, he shall be declared 
elected. If no person has received such majorities, the 
joint assembly shall cast at least one vote each day until a 
Senator is elected. 

213. How is the election of Senators certified? 

The election of Senators is certified by the Governor of 
the State. 

214. Can the Governor exercise the usual veto upon the election of 
Senators in the Legislature ? 

He cannot. 

215. How does the term of the Senator differ from that of the 
Representative ? 

216. Why is a long term of service fixed for Senators ? 

A long term is fixed for Senators in order to secure dig- 
nity, independence, and experience, and to give enough time 
for a fair trial of measures of great importance. 



56 HAND-BOOK OF CIVIL GOVERNMENT. 

217. What difference of opinion existed in reference to the Sena- 
torial term in the Constitutional Convention ? 

Terms of three, four, five, six, seven, and nine years were pro- 
posed; and some were in favor of extending the term for life. 

218. How did the Continental Congress vote ? 

The Continental Congress voted by States ; the entire del- 
egation from each State having but one vote. 

219. How do Senators vote under the Constitution? 

Under the Constitution each Senator has his own inde- 
pendent vote, which is counted whether his colleague is 
present or not ; and questions are decided by the votes of 
members, and not of States. 

220. Who are the Senators from your State ? 

221. When will the terms of the Senators from your State expire ? 

222. To what political party do the Senators of your State be- 
long? 

223. Have the Senators from your State served more than one 
term? 

Clause II. " Immediately after they shall he assembled^ in 
consequence of the first election, they shall be divided, as equally 
as may be, into three classes. The seats of the Senators of the 
first class shall be vacated at the expiration of the second year ; 
of the second class, at the expiration of the fourth year ; and of 
the third class, at the expiration of the sixth year; so that one- 
third may be chosen every second year ; and if vacancies happen 
by resignation, or otherwise, during the recess of the Legislature 
of any State, the executive thereof may make temporary appoint- 
ments until the next meeting of the Legislature, which shall then 
fill such vacancies." [9.] 

224. Define the words "seats," "vacated," "expiration," "resigna- 
tion," " recess," " executive," and " temporary." 

225. To what does the first part of this clause relate ? 

226. Into how many classes were the Senators of the First Con- 
gress divided ? 

227. How long did the Senators of each of the first three classes 
hold their seats? 



QUESTIONS ON THE CONSTITUTION. 57 

228. How long do their successors hold their seats ? 
Six years. 

229. What proportion of the Senators is chosen every second year? 

230. What was the object of the original classification of the 
Senate ? 

The object of the original classification of Senators was 
to have always in the Senate a large number of members 
who were well versed in public business. 

231. When do the terms of the successors of the first Senators ex- 



pire 



As the Constitution went into operation in 1789, the terms 
of the successors of the first class expired in 1797, 1803, 
1809, and so on ; the successors of the second class in 1799, 
1805, 1811, and so on ; and the successors of the third class 
in 1801, 1807, 1813, and so on. 

232. Two Senators from Ohio took their seats in 1803 : one was 
placed in the first class, and the other in the third. How long did 
each serve ? 

233. How is a Congress measured ? 

A Congress is measured by the term of the Representa- 
tives. 

234. When did the present Congress begin ? 

235. What is the number of the present Congress ? 

236. How can vacancies happen in the Senate ? 

237. How are vacancies in the Senate usually filled ? 

238. Who fills vacancies in the Senate if they happen during the 
recess of the State Legislature ? 

239. How long do such persons serve ? 

240. Has the Governor of the State any authority to fill vacancies 
when the Legislature is in session ? 

241. How long does a Senator chosen by the Legislature to fill a 
vacancy hold his seat ? 

A Senator chosen by the Legislature to fill a vacancy 
holds his seat only until the expiration of his predecessor's 
term. 

242. To which classes do the Senators of your State belong ? 

243. Were the Senators from your State elected regularly for the 
full term, or to fill vacancies ? 



68 HAND-BOOK OF CIVIL GOVERNMENT. 

Clause III. ''No person shall he a Senator who shall not 
have attained to the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of that State for which he shall be chosen.'^ [10.] 

244. Define the words "Senator," "attained," "citizen," and "in- 
habitant." 

245. To what does this clause relate ? 
To the qualifications of Senators. 

246. How old must a Senator be ? 

247. How long must a Senator have been a citizen of the United 
States ? 

248. What provision is made in regard to the residence of a Senator? 

249. Compare the qualifications of Kepresentatives and Senators. 

250. Why is a Senator reqirired to be older than a Representative ? 
A Senator is required to be older than a Representative 

because his duties are thought to be of a more serious char- 
acter, requiring dignity, firmness, and independence. 

251. What age was required in a Roman Senator? 

A Roman Senator was required to be thirty years of age. 

252. What is the shortest space of time which must elapse before 
an alien can become a United States Senator? [29.] 

253. Have any cases ever occurred of elections to the Senate with- 
out the requisite number of years of citizenship ? 

Albert Gallatin was so elected from Pennsylvania in 1793, 
and his seat vacated by resolution of the Senate. James 
Shields was so elected from Illinois in 1849, and his seat was 
in like manner vacated ; but he was re-elected a short time 
later ; the disability being by that time removed. 

254. Can a Senator change his residence to another State after his 
election ? 

255. Is a Senator the representative of any particular State ? 
i 256. How old are the Senators from your State ? 

257. Are the Senators from your State native born, or naturalized 
citizens ? 

258. Do the Senators from your State reside in the State in which 
they were elected ? 

259. Can a United States ofiicer become a Senator? [22.] 

260. Can a disloyal person be a Senator? [101.] 



QUESTIONS ON THE CONSTITUTION. 59 

261. Are Senators and Kepresentatives officers of the United 
States ? 

It has been decided that they are not. 

Clause IV. ''The Vice-President of the United States shall 
be President of the Senate, but shall have no vote, unless they 
be equally divided" [11.] 

262. Define the words " Vice-President," " President," " Senate," 
and " vote." 

263. Who is President of the Senate ? 

264. When is the President of the Senate entitled to vote ? 

265. Why was the Senate not allowed to choose a presiding officer 
from among their own members ? 

The Senate was not allowed to choose a presiding officer 
from among their own members lest the State whose Senator 
should be elected should gain too much influence in the 
National Legislature. 

266. Why is there not the same danger in the House of Kepre- 
sentatives ? 

There is not the same danger in the House of Representa- 
tives because that body is so much more numerous. 

267. How do the State Legislatures follow the example of the 
Senate of the United States in reference to their presiding officer?. 

The Lieutenant-Governor presides in the State Senate. 

268. What was the original plan of the Constitution in reference 
to a Vice-President ? 

There was to be no such officer as the Vice-President 
according to the original plan of the Constitution. The 
Senators were to elect their own presiding officer, who was 
to become President of the United States in case of the 
death, resignation, or removal of that officer. 

269. How only has the Vice-President's vote any effect ? 

In aiding the affirmative ; the proposed bill has failed 
when the Senate is equally divided, unless the Vice-Presi- 
dent assist. 

270. What becomes of a bill when the House of Eepresentatives 
js equally divided ? 






60 HAND-BOOK OF CIVIL GOVERNMENT. 

When the House of Representatives is equally divided, a 
bill is lost. 

271. Has the Vice-President's vote ever helped to carry any meas- 
ures of great importance ? 

272. Who presides in the English House of Lords ? 

In the English House of Lords the Lord Chancellor, or 
some other person appointed by the Crown, presides. If no 
person be appointed, the Lords elect. 

273. Who is the present President of the Senate? 

Clause V. " The Senate shall choose their other officers^ and 
also a President pro tempore, in the absence of the Vice-Presi- 
dent, or when he shall exercise the office of President of the 
United States." [12.] 

274. Define "pro tempore" "exercise," and "office." 

275. To what does this clause relate? 

276. Ho"^ are the officers of the Senate chosen ? 

277. When does the Senate choose a President pro tempore? 

278. How is the President pro tempore of the Senate chosen? 
The President pro tempore of the Senate is elected from 

among the members of the Senate. 

279. How many times in our history has the Vice-President been 
called to perform the duties of President ? 

280. Is the President pro tempore of the Senate chosen perma- 
nently ? 

The President pro tempore of the Senate is not chosen 
permanently ; but it is customary to continue to elect the 
same Senator. 

281. Is the President pro tempore of the Senate limited to a casting 
vote? 

The President pro tempore of the Senate is not limited to 
a casting vote ; he has his vote as a Senator. 

282. When the Vice-President succeeds to the Presidency, what 
salary does the President pro tempore of the Senate receive ? 

The President pro tempore of the Senate receives the sal- 
ary of the Vice-President of the United States when he 
succeeds to the Presidency. 



QUESTIONS ON THE CONSTITUTION. 61 

283. AVhy cannot the President pro tempore of the Senate be styled 
Vice-President of the United States? 

The Vice-President is an officer of the United States, the 
President pro tempore is a member of the Senate ; the former 
has only a casting vote, the latter votes the same as any other 
Senator ; the former must be thirty-five years of age, the 
latter need not be over thirty; the former serves out the 
balance of the term of the President, when he succeeds him ; 
the latter only until a President can be selected ; the former 
can be impeached, the latter cannot. 

284. Can the term of the President pro tempore continue beyond his 
Senatorial term ? 

The term of the President pro tempore cannot continue 
beyond his Senatorial term. 

285. Who are the "other officers" of the Senate? 
Chaplain, 

Secretary of the Senate, 

Chief Clerk, 

Principal Executive Clerk, 

Principal Legislative Clerk, 

Serge ANT- AT- Arms, 

Postmaster, 

Superintendent of Folding-Room, 

Superintendent of Document-Room, 

Official Reporters of Debates. 

Clause VI. " The Senate shall have the sole power to try all 
impeachments. When sitting for that puipose, they shall be on 
oath or affirmation. When the President of the United States 
is tried, the Chief-Justice shall preside ; and no person shall he 
convicted withoid the concurrence of two-thirds of the members 
present.'' [13.] 

286. Define the words "impeachments," "sitting," "oath," "affir- 
mation," " Cluef-Justice," and " concurrence." 

287. To what does this clause relate? 

288. By whom are impeachments tried ? 
6 



62 HAND-BOOK OF CIVIL GOVERNMENT. 

289. How are Senators bound when sitting as a Court in cases of 
impeachment ? 

290. Who presides when the President of the United States is tried 
in case of impeachment? 

291. What is necessary in order to convict a person on impeach- 
ment? 

292. How is the character of the Senate changed when trying 
cases of impeachment ? 

When trying cases of impeachment, the Senate ceases to 
be legislative, and assumes judicial powers. 

293. AVhere are the power and trial of cases of impeachment vested 
in the British Parliament ? 

In the British Parliament the power of impeachment is 
with the House of Commons, the trial with the Lords ; but 
the Lords are not bound by a special oath, and a majority 
is sufficient to convict. 

294. Why does the Chief-Justice preside when the President is 
tried in case of impeachment ? 

Because the Vice-President is interested in the result of 
the trial ; and if the President is convicted, the Vice-Presi- 
dent succeeds to his office. 

295. Why could not cases of impeachment be tried by the Supreme 
Court? 

Because the questions involved are more of a political 
than a legal character. 

296. Does the President of the United States continue in the dis- 
charge of his duties during his trial in case of impeachment ? 

President Johnson did ; and Congress has enacted no law 
to the contrary. 

297. How many cases of impeachment have occurred in our his- 
tory ? 

There have been six : William Blount, 1798 ; John Pick- 
ering, 1803 ; Samuel Chase, 1804 ; James H. Peck, 1830 ; 
West H. Humphries, 1862 ; and Andrew Johnson, 1868. 

298. How many of these were convicted ? 

Only two : Judges Pickering and Humphries. 

299. Why should not the verdict of the Senate in cases of impeach- 
ment be unanimous, as in a trial by jury ? 



QUESTIONS ON THE CONSTITUTION. 63 

In consequence of the influence of political feelings, few 
persons could ever be convicted. 

300. Why is a majority of two-thirds required for conviction in 
cases of impeachment ? 

To guard against hasty and inconsiderate decisions. 

Clause VII. ^^ Judgment in cases of impeachment shall not 
extend further than to removal from office, and disqualification 
to hold and enjoy any office of honor, trust, or profit under the 
United States ; hut the party convicted shall, nevertheless, be lia- 
ble and subject to indictment, trial, judgment, and punishment, 
according to law." [14.] 

301. Define the words "judgment," "impeachment," "disqualifica- 
tion," "trust," "profit," "convicted," "subject," and "indictment." 

302. To what does this clause relate ? 

303. How far shall judgment in cases of impeachment extend ? 

304. To what are persons convicted in cases of impeachment 
afterwards liable ? 

Persons convicted when impeached are afterwards liable 
to be tried by jury for the criminal violation of law. 

305. How are impeached pei*sons when convicted punished in 
England? 

The person convicted may be fined, imprisoned, banished, 
or put to death. 

306. What is the nature of the punishment in the United States 
of impeached persons when convicted ? 

It is political in its character ; being removal from office, 
and disqualification to hold it. 

307. How do the Senators vote in cases of impeachment ? 

Each Senator, on each article of the impeachment, votes 
yea or nay on the guilt of the accused. 

308. How is judgment in cases of impeachment pronounced? 

Each Senator answers yea or nay, first in reference to re- 
moval from office, and afterwards to disqualification to hold 
office. 

309. How were Judges Humphries and Pickering punished ? 
The former was removed from office and disqualified to 



64 



HAND-BOOK OF CIVIL GOVERNMENT. 



hold any other under the United States ; the latter was re- 
moved from office only. 



Blackboard Exercise, No, 

I. Composition. [8.] 
II. Election. [8.] 

III. Term. [8.] 

IV. Vote. [8.] 

V. Classification. [9.] 
VI. Vacancies. [9.] 



IV. 



VII. Qualifications 



VIII. Officers. 



•] 



IX. Powers. 



1. Age. [10.] 

2. Citizenship. [10.] 

3. Inhabitancy. [10.] 

4. Diseneumbrance. [! 

5. Loyalty. [101.] 

1. Presiding. [U] 

2. Other. [11.] 
f 1. Legislative. [23, 24, 25.] 

a. Appointments. [62.] 
6. Treaties. [62.] 



2. Executive. 



f a. Senate Officers. [12.] 
Elective, j^ Vice-President U. S. [96.] 
L4. Judicial. [13, 14.] 

Section IV.— Elections and Meeting's of Congress. 

Clause I. " The times, places, and manner of holding elections 
for Senators and Representatives, shall he prescribed in each 
State by the Legislature thereof: but the Congress may at any 
time, by law, make or alter such regulations, except as to the 
places of choosing Senators." [15.] 

310. Define the words "elections," "prescribed," "alter," and 
" regulations." 

311. To what does this clause relate ? 

312. Who regulates the elections of Senators and Representatives? 

313. To what three particulars are regulations as to Senators and 
Representatives limited ? 

314. What power has Congress over the elections of Senators and 
Representatives ? 

315. How is the power of Congress over the elections of Senators 
and Representatives limited ? 



QUESTIONS ON THE CONSTITUTION. 65 

316. Whv should the power of regulating Congressional elections 
be given first to the State Legislatures ? 

Because they are the best judges of the local conveniences 
of their own States. 

317. Why is not the power to regulate Congressional elections 
given unreservedly to the States ? 

Because they might for reasons of State wholly neglect to 
make the necessary provisions for holding them. 

318. Illustrate this. 

A State might refuse to provide for the election of Sena- 
tors and Representatives, and multiplied instances of this 
sort might embarrass legislation, and finally endanger the 
existence of the government. 

319. Give an instance of the refusal on the part of a State under 
the Confederation, to be represented in Congress. 

Rhode Island withdrew its members from Congress to pre- 
vent the passage of important measures. 

320. How did Congress first provide for Congressional elections ? 

An act was passed June 25, 1842, providing that Rep- 
resentatives should be elected by districts of contiguous ter- 
ritory, equal to the number of Representatives. 

321. How has Congress further regulated Congressional elections ? 
It has prescribed the mode of electing Senators ; provided 

that Representatives shall be voted for by w-ritten or prmted 
ballots; and fixed the Tuesday after the first Monday in 
November as the day on which Representatives shall be 
elected throughout the United States. 

322. Why is the place of choosing Senators left unalterably with 
the Legislatures of the several States? 

In order that Congress should not have the right to pre- 
scribe to the State Legislatures their places of meeting. 

823. How was the Congressional control of elections for Senators 
and Representatives regarded by the State Conventions called to ratify 
the Constitution? 

It was opposed by some on the ground that it would in the 
end destroy sufirage. 

6* E 



66 HAND-BOOK OF CIVIL GOVERNMENT. 

324. Why has Congressional control of elections of Senators and 
Representatives worked well so far ? 

Because the States prescribe the qualifications of voters, 
and it makes very little difference who prescribes the time, 
places, and manner of holding elections. 

325. Where are the Senators from your State elected ? 

326. Locate the capital of your State. 

Clause II. "The Congress shall assemble at least once in 
every year, and such meeting shall be on the first Monday in 
December, unless they shall by law appoint a different day.'' [16.] 

327. To what does this clause refer? 

328. How often is Congress required to assemble ? 

329. What day is fixed for the meeting of Congress ? 

330. Has Congress the power to alter the date of its annual meet- 
ing? 

331. How many regular sessions are there in each term of Congress? 

332. How long does the first regular session of each Congress usually 
continue ? 

From December of the odd year till the following spring 
or summer. 

333. When does the second regular session of Congress close ? 
On the 4th of March of the even year. 

334. Is there a third regular session of Congress? 

335. Can the President convene Congress at any time ? [64.] 

336. Can the President prevent meetings of Congress ? 

337. What would have been the result of the omission of this 
clause from the Constitution ? 

The time of assembling would have been left to Congress 
itself, or some other department of the Government. • 

338. What danger would there have been in making no Constitu- 
tional provision for meeting of Congress ? 

In times of corruption or usurpation, the Government 
might neglect altogether, or put off the meeting of Congress, 
for the purpose of preventing the correction of abuses. 

339. Why is the place of meeting of Congress not designated in 
the Constitution ? 

Because the seat of the National Government was not 



QUESTIONS ON THE CONSTITUTION. 67 

then established, and because war, pestilence, or some other 
accidental cause might interfere with the meeting at any 
named place. 

340. Where does Congress now meet ? 

341. At what different places has Congress met since the adoption 
of the Constitution? 

342. Would a Congress be illegal, and without power to legislate, if 
it did not meet on the first Monday in December ? 

343. Who convenes and dissolves the English Parliament? 

The Sovereign can convene and dissolve them at any- 
time. 

344. What is the longest session of Congress on record ? 

345. What was known as the long Parliament in English history ? 

Section V.— Powers and Duties of tlie Houses. 

Clause I. "Each House shall he the judge of the eledionSy 
returns, and qualifications of its own members, and a majority 
of each shall constitute a quorum to do husiyiess ; hut a ^nailer 
numher may adjourn from day to day, and may he authorized 
to compel the attendance of absent members, in such manner, 
and under such penalties, as each House may provide.^' [17.] 

346. Define the words "judge," " elections," " returns," " qualifica- 
tions," " majority," " constitute," " quorum," " adjourn," and " pen- 
alties." 

347. Who decides whether a person has been propejly elected to 
Congress ? 

348. Who is the judge of the qualifications of persons claiming 
seats in Congress? 

349. What constitutes a quorum of either House of Congress ? 

350. What authority has the minority in either House of Congress 
in reference to adjournment? 

351. How may the attendance of Congressional absentees be made 
compulsory ? 

352. Who furnishes certificates of election to Congress ? 
The State authorities. 

353. Why should each House of Congress be the judge of the va- 
lidity of the certificates of those claiming seats ? 

To enable it to maintain its independence, and to exclude 



68 HAND-BOOK OF CIVIL GOVERNMENT. 

persons illegally elected, or morally unfitted for membership 
in Congress. 

354. Is there any appeal from the decision of either House of Con- 
gress concerning the claims of candidates for seats ? 

355. Why is it necessary to forbid the transaction of business in 
either House of Congress unless a certain number of members are 
present ? 

To prevent the passage of bad laws and the repeal of good 
ones by stealth. 

356. What is the rule of the House of Representatives in refer- 
ence to compelling the attendance of absent members ? 

Fifteen members, including the Speaker, can compel at- 
tendance. 

357. At what period of our history did the first part of this clause 
become a very important one ? 

Just after the Civil War (1861-1865) ; although very fre- 
quently, at other times, persons holding certificates of election 
have not been deemed entitled to membership. 

358. When either House of Congress is discussing and voting upon 
certificates of membership, is it legislative or judicial in its character ? 

Clause II. '^Each House may determine the rules of its 
proceedings, punish its members for disorderly behavior , and, 
icith the concurrence of two-thirds, expel a member." [18.] 

359. Define the words "determine," "rules," "proceedings," "con- 
currence," and "expel." 

360. To what does this clause refer ? 

To the rules of proceedings in Congress, and the mainten- 
ance of order. 

361. Who determines the rules of proceedings in Congress? 

362. What means has each House of Congress for enforcing its rules? 

363. What name is applied to the rules of proceedings of legisla- 
tive bodies ? 

Parliamentary Law. 

364. What is the usual method employed in adopting rules of pro- 
ceedings in Congress ? 

The rules of the previous Congress are usually adopted, 



QUESTIONS ON THE CONSTITUTION. 69 

until otherwise ordered, and a committee is appointed to re- 
port new rules. 

365. What is the advantage of established rules of proceedings in 
Congress ? 

They make the transaction of business more easy, and 
secure method and dispatch. 

366. Has the power to punish a member ever been exercised by 
either House of Congress? 

Yes. William Blount was expelled from the Senate in 
1797, and Jesse D. Bright in 1862. 

367. Are the misdemeanoi-s for which persons can be expelled from 
Congress defined ? 

No; but they may be expelled for any offence which 
is inconsistent with the trust and duty of a member. 

368. Does the Constitution confer any express power to punish 
contempts on the part of pei-sons not members of either House of 
Congress ? 

The Supreme Court has decided that they may. 

369. How far may punishment for Congressional contempts extend? 
Only to imprisonment until the dissolution of the House 

by which the punishment is inflicted. 

370. Can either House of Congress at any time temporarily set 
aside all its rules of proceedings ? 

Clause III. " Each House shall keep a journal of its pro- 
ceedings, and, from time to time, publish the same, excepting 
such parts as may, in their judgment, require secrecy ; and the 
yeas and nays of the members of either House, on any question, 
shall, at the desire of one-fifth of those present, be entered on 
the journal." [19.] 

371. Define the words "journal," "proceedings," "publish," "se- 
crecy," " desire," and " entered." 

372. What record is each House of Congress required to keep ? 

373. How much of its journal is each House of Congress required 
to publish ? 

374. When are the yeas and nays of either House required to be 
entered on the journal ? 



70 HAND-BOOK OF CIVIL GOVERNMENT. 

375. Are the sessions of Congress public ? 

Both Houses have open sessions ; but when in executive 
sessions, acting upon nominations made by the President, or 
discussing treaties, the Senate sits with closed doors. 

376. How long has it been the rule to have public sessions of Con- 
gress ? 

Since the second session of the Third Congress. 

377. What is the object of requiring Congress to keep a journal? 
To ensure publicity to all the Acts of Congress. 

378. How many methods are there of voting in Congress? 
Three ; by simply answering Aye or No at the call of 

names ; by dividing the House into two parts, and counting 
the members on either side, or by taking the yeas and nays. 

379. What is meant by taking the yeas and nays ? 
Recording on the journal the names of those who vote on 

each side, and not merely the votes. 

380. What is the object of taking the yeas and nays ? 

To secure a definite and enduring record for information 
and reference, to show who are absent, and to make individ- 
uals feel a personal responsibility for their votes on impor- 
tant measures. 

381. How may the power of calling for the yeas and nays on a 
question be abused ? 

A minority resort to it to waste time and to compel a ma- 
jority to adjourn from exhaustion, needlessly postponing, if 
they cannot thus defeat, legislation. 

Clause IV. ''Neither House, during the session of Congress, 
shall, without the consent of the other, adjourn for more than 
three days, nor to aiiy other place than that in which the two 
Houses shall be sitting." [20.] 

382. To what does this clause refer ? 

383. How are the two Houses of Congress restricted as to adjourn- 
ment? 

384. For how long may either House of Congress adjourn without 
the consent of the other ? 



QUESTIONS ON THE CONSTITUTION. 71 

385. Is it in the power of either House of Congress alone to select 
the place where its meetings are held ? 

386. Distinguish between the " Capital " and the " Capitol " of the 
United States. 

387. Who has the power to change the "Capital" of the United 
States? 

388. Why should not either House of Congress alone have the 
power to adjourn for more than three days ? 

Because this would give the power to either House to pre- 
vent legislation or to bring it to an untimely close. 

389. What would be the result of giving to either House of Con- 
gress alone the power of adjournment to a place of its own selection ? 

One House might compel the other to follow it from place 
to place for the purpose of preventing legislation. 

390. Upon what does the duration of the sessions of Congress 
depend ? 

Upon the Constitutional limit of two years ; on the pleas- 
ure of the two Houses combined ; and on the pleasure of the 
President, when the two Houses cannot agree on the time of 
adjournment. 

391. What was the rule respecting adjournment under the Articles 
of Confederation? 

Section VI.— Privileges and Prohibitions upon Members. 

Clause I. " The Senators and Represetitatives shall receive a 
compensation for their services, to be ascertained by law, and 
paid out of the Treasury of the United States. They shall, in 
all cases except treason, felony, and breach of the peace, be priv- 
ileged from arrest during their attendance at the session of their 
respective Souses, and in going to, and returning from, the 
same ; and for any speech or debate in either House they shall 
not be questioned in any other place.^^ [21.] 

392. Define the words "compensation," "services," "ascertained," 
"treason," "felony," "breach," "privileged," "arrest," "respective," 
" debate," and " questioned." 

393. What provision is made for the compensation of members of 
Congress ? 



72 HAND-BOOK OF CIVIL GOVERNMENT. 

394. How is the compensation of members of Congress paid ? 

395. How far do members of Congress enjoy the privilege of free- 
dom from arrest ? 

396. What exception is made to the privilege of Congressional free- 
dom from arrest? 

397. What privileges of speech and debate do members of Con- 
gress enjoy ? 

398. How were members of Congress paid under the Articles of 
Confederation ? 

Each State paid its own members. 

399. What is the advantage of paying members of Congress out of 
the Treasury of the United States ? 

It gives stability and independence to the General Govern- 
ment. ^ 

400. Why should members of Congress receive a compensation ? 
Otherwise the expenses of the office might prevent men of 

talent and worth from seeking it, and so give an undue ad- 
vantage to men of wealth. 

401. Are members of the English Parliament paid? 
Members of the English Parliament are not paid for their 

services. 

402. By what law is the compensation of members of Congress 
ascertained ? 

Congress itself is authorized by the Constitution to deter- 
mine the amount and make appropriations for its payment. 

403. What is the compensation paid to members of Congress at the 
present time ? 

404. Has it always been the same ? 

405. What provision has Congress made for the time of the payment 
of salaries of its own members ? 

Each Senator, Representative, and Delegate, after having 
taken the required oath, is entitled to receive his pay at the 
end of each month. 

406. What compensation is paid to the presiding officers of the two 
Houses of Congress ? 

407. When does the privilege of freedom from arrest of a member 
of Congress begin ? 



QUESTIONS ON THE CONSTITUTION. 73 

As soon as he is elected, and before he takes his seat or is 
sworn. 

408. What is the object of exempting members of Congress from 
arrest ? 

To prevent their constituents from being deprived of their 
right of Representation. 

409. What is the object of giving members of Congress the privi- 
lege of freedom of Debate ? 

To secure the greatest freedom in discussing questions 
of public interest. 

410. Would a member of Congress be liable, if he should cause a 
speech to be published ? 

411. What means are there of preventing members of Congress 
from abusing the privilege of freedom of debate ? 

They are accountable to the House to which they belong. 

412. Can a summons be served on a member of Congress while 
going to or returning from Washington ? 

Clause II. " No Senator or Representative shall, during the 
time for which he was elected, he appointed to any civil office 
under the authority of the United States, ivhich shall have been 
crecUed, or the emoluments whereof shall have been increased, 
during such time ; and no person, holding any office under the 
United States, shall be a member of either House during his 
continuance in offiice." [22.] 

413. Define the words " civil," " authority," " created," and " emol- 
uments." 

414. To what does this clause relate ? 

To the disabilities of members of Congress. 

415. To what oflSces are members of Congress ineligible during 
the time for which they were elected? 

416. May a member of Congress be appointed to ofl5ces already ex- 
isting, if the emoluments thereof have not been increased during his 
term of office ? 

417. What is the object of excluding members of Congress fi*om 
being appointed to newly created offices, and those whose emoluments 
have been increased ? 

7 



74 



HAND-BOOK OF CIVIL GOVERNMENT. 



That they may not be induced to assist in the creation of 
offices, or the increase of their emohiments, in order to be 
appointed to them. 

418. Is this object fully attained ? 

No ; an office so created or increased in value during the 
term of a member of Congress may be held by him many 
years alter his membership in Congress has expired. 

419. What must a memberof Congress do before he can accept any 
office under the United States ? 

He must first resign his seat in Congress. 

420. Wliat must an officer of the United States do before he can 
become a member of Congress ? 

He must resign his office. 

421. If a person holding an office under the United States be 
elected to Congress, how long may he hold that office ? 

Until he is ready to take his seat in Congress, when he 
must resign it. 

422. Can members of the Cabinet holds seats in the English Par- 
liament ? 

Yes. 

423. Does our Constitution allow members of the President's Cab- 
inet to be Senators or Representatives? 



Blackboard Exercise, No, 1 

r I. Elections. [15.] 
II. Meeting. [16.] 

III. Membership. [17.] 

IV. Quorum. [17.] 
V. Rules. [18.] 

VI. Penalties. [18.] 
VIL Journal. [19.] 
VIII. Yeas and Nays. [19.] 
IX. Adjournment. [20.] 
X. Compensation. [21.] 
XI. Privileges. [21.] 

fl. Senator. [2S.] 
XII. Disabilities. \ 2. Representative. 
3. U. S. Officer, [i 



qUESTIONS ON THE CONSTITUTION. 75 



Section y II.— Revenue Bills : President's Veto. 

Clause I. " All bills for raising revenue shall originate in 
the House of Representatives ; hut the Senate may propose or 
concur with amendments, as on other hills'' [23.] 

424. Define the words " bills," "raising," "revenue," "originate," 
"propose," and "concur." 

425. To what does this clause relate ? 

426. Where must all bills for raising revenue originate ? 

427. Has the Senate any power over revenue bills ? 

428. Why is the power of originating bills for raising revenue con- 
fined to the House of Kepresentatives ? 

Because they are the more immediate representatives of 
the people. 

429. How was this clause regarded in the Constitutional Conven- 
tion? 

With positive disfavor by many. Enough States voted 
against it to defeat the clause, had the States that were di- 
vided, and which consequently lost their vote, been added 
to their number. It was adopted, however, and has worked 
well so far. 

430. Who originates bills in the English Parliament? 
The House of Commons. 

431. Has the United States Senate ever tried to originate a bill for 
raising revenue ? 

During the Forty-first Congress, the Senate passed a bill 
to repeal the law imposing an income tax ; but the House 
of Kepresentatives, instead of acting upon it in the usual 
way, simply passed a resolution calling the attention of the 
Senate to Article I., Section 7, Clause 1, of the Constitu- 
tion. [23.] 

432. Have bills which resulted in the raising of money originated 
in the Senate and become laws ? 

The bill to establish the post-ofiice and mint, and bills to 
regulate the sale of public lands are of this kind. 

433. How, then, is raising revenue to be understood ? 

It is to be understood as being confined to levying taxes. 



76 HAND-BOOK OF CIVIL GOVERNMENT. 

Clause II. *' Efvery hill which shall have passed the House 
of Representatives and the Senate, slmll, before it become a law, 
be presented to the President of the United States; if he ap- 
prove, he shall sign it, but if not, he shall return it, with his 
objections, to that House in which it shall have originated, who 
shall enter the objections at large on their journal, and proceed 
to reconsider it. If, after such ^reconsideration, two-thirds of 
that House shall agree to pass the bill, it shall be sent, together 
with the objections, to the other House, by which it shall likewise 
be reconsidered, and, if approved by two-thirds of that House, 
it shall become a law. But in all such cases the votes of both 
Houses shall be determined by yeas and nays, and the names of 
the persons voting for and against the hill shall he entered on 
the journal of each House, respectively. If any bill shall not 
be returned by the President within ten days (Sundays ex- 
cepted) after it shall have been presented to him, the same shall 
be a law, in like manner as if he had signed it, unless the 
Congress, by their adjournment, prevent its return, in which 
case U shall not be a law." [24.] 

434. Define the words "biU," "passed," "law," "presented," "ap- 
prove," "objections," "originated," "journal," "at large," "recon- 
sider," " respectively," " refunded," and " adjournment." 

435. To what does this clause refer? 
To the mode of passing laws. 

436. After a bill has passed both Houses of Congress, what must 
be done with it ? . 

437. What is done by the President in case he approves of a bill ? 

438. What action does the President take if he do not approve of 
a bill? 

439. To which House are bills disapproved by the President re- 
turned ? 

440. What is the President's power of objecting to a bill called ? 
The veto power. 

441. What does the word veto mean? 

I forbid. The word and the custom were both derived 
from the Romans, w^here the Tribunes of the people had the 
power of forbidding the passage of any law. 



QUESTIONS ON THE CONSTITUTION 77 

442. What is done by the House to which the President has re- 
turned a bill with his objections ? 

443. If, on reconsideration, in the House in which it originated, a 
bill receives a vote of less than two-thirds, what becomes of it ? 

It is lost. 

444. If a bill be repassed by two-thirds of the House in which it 
originated, what is done with it next? 

445. What shall the other House do ? 

446. If they fail to pass it by a two-thirds vote, what becomes 
of it? 

It is lost. 

447. If they, on reconsideration, pass it by a vote of two-thirds, what 
becomes of it ? 

448. How are the votes of the two Houses on a bill which has been 
vetoed taken ? 

449. In what other way may a bill become a law without the signa- 
ture of the President ? 

450. What exception is made to this provision? 

451 . According to this clause, how many distinct processes are there 
of passing laws ? 

Three : first, by passing both Houses of Congress, and re- 
ceiving the approval of the President ; second, by a two- 
thirds vote of both Houses over the veto of the President ; 
and third, by the neglect of the President to approve or sign, 
after having passed both Houses of Congress. 

452. What is a "bill"? 

A draft of a proposed law. 

453. How may bills be introduced in Congress ? 

With the leave of the House by any member ; by order 
of either House ; or by the report of- a Committee. 

454. How many readings must a bill receive in Congress before it 
is finally acted upon ? 

Three ; and no bill can be read more than once upon the 
same day, without special permission of the House in which 
it is to be considered. 

455. When may amendments to a bill be proposed in Congress? 
They may be proposed and passed at any time by either 

House. 



78 HAND-BOOK OF CIVIL GOVERNMENT. 

456. When are the arguments for and against a bill in Congress 
heard ? 

Before its third reading, or between that and the taking 
of the vote. 

457. How are bills which pass either House of Congress signed ? 
By the presiding officer. 

458. Can the President amend bills ? 

No ; but he can suggest changes when he returns a bill 
with his objections. 

459. What is the object of vesting the veto power in the hands of 
the President ? 

To provide a check upon improper legislation. 

460. Why is the President likely to difier with Congress in his 
views of a bill ? 

Because of the difference in the nature of his office, the 
mode of his appointment, and his absence from the halls of 
legislation. 

461. Does any other clause in the Constitution give the President 
any share in legislation ? 

462. Does the word veto occur in the Constitution ? 

463. Does the sovereign of Great Britain possess an absolute veto ? 
Yes ; but it is said not to have been exercised since 1692, 

in the reign of William III., with, perhaps, a single ex- 
ception. 

464. How was this clause of the Constitution passed ? 

By the vote of eight States for to two against it ; after- 
wards unanimously. 

465. How many times has the veto power been exercised, and by 
whom ? 

466. How many bills has the present President vetoed? 

467. How many has he retained ? 

468. Does it require two-thirds of the entire membership of each 
House to pass a bill over the President's veto ? 

No ; it was decided by the Senate, July 7, 1856, that two- 
thirds of a quorum only were requisite. 



QUESTIONS ON THE CONSTITUTION. 79 

Clause III. " Every order, resolution, or vote to which the 
concurrence of the Senate and House of Representatives may he 
necessary {except on a question of adjournment), shall he pre- 
sented to the President of the United States; and hefore the 
same shall take effect, shall he approved hy him, or, heing dis- 
approved hy him, shall he repassed hy two-thirds of the Senate 
and House of Representatives, according to the rides and limi- 
tations presc7-ihed in the case of a hill." [25.] 

469. Define "order," "resolution," "vote," "concurrence," "ad- 
journment," "effect," "rules," "limitations," and "prescribed." 

470. To what does this clause refer ? 

To the mode of passing orders, resolutions, and votes, to 
which the concurrence of both Houses of Congress is neces- 
sary. 

471. What formalities are observed in the passage of such orders, 
resolutions, and votes as are mentioned in the clause ? 

472. What is the object of the clause? 

To extend the President's veto to other matters besides 
bills. 

473. Why is it important to give the President the veto power over 
orders, resolutions, and votes ? 

To prevent Congress from passing a law under some other 
name. 

474. What is the mode of proceeding in such cases? 
The same as in the case of a bill. 

475. In what case of joint resolution has the President no veto power ? 
On a question of adjournment. 

476. What kinds of Congressional action do not require the ap- 
proval of the President ? 

Whatever relates to the internal government of either 
House, such as elections, votes of censure or thanks, resolu- 
tions proposing amendments to the Constitution, etc. 

477. What is the effect of a joint resolution approved by the Pres- 
ident, or duly passed without his approval? 

It has all the effect of law. 



80 



HAND-BOOK OF CIVIL GOVERNMENT. 



Blackboard Exercise, No, VI, 

I. Eevenue Bills, i ^- ^^^gi^- C^S-] 
( 2. Eevision. [23.] 



II. Modes of Passing 
Laws. 



Second. -I 



III. Orders, Resolutions, 
AND Votes. 



r /I. Action in Congress. 

First. } 2. Delivery to President. 
' 3. President's Signature. 

1. Action in Congress. 

2. Delivery to President. 

3. President's Veto. 

4. Record of Veto. 

5. Reconsideration. 

6. Approval by Congress. 

7. Method of Voting. 

8. Record of Vote. [24.] 
' 1. Action in Congress. 

2. Delivery to President. 
Third. \ 3. President's Neglect. 

4. Result. 

5. Exception. [24.] 
11. Action in Congress. 

2. Delivery to President. 
I 3. President's Action. 
[ 4. Subsequent Action, [26.] 



Section VIII.— Powers invested in Congress. 

Clause I. Congress shall have power: 

" To lay and collect taxes, duties, imposts, and excises, to pay 
the debts and provide for the common defence and general wel- 
fare of the United States ; hut all duties, imposts, and excises 
shall he uniform throughout the United States." 

478. Define the words "lay," "coUect," "debts," "defence," "wel- 
fare," and "uniform." 

479. To what does this clause refer? 
To the power of taxation. 

480. What is a tax? 

Money levied on the property or inhabitants of a country 
for the support of the government. 

481. What are direct taxes? 
Taxes upon individuals. 



QUESTIONS ON THE CONSTITUTION. 81 

482. What are indirect taxes? 

Taxes upon the consumption of certain articles. 

483. What two kinds of direct taxes are there ? 

Taxes upon persons, called personal, poll, or capitation 
taxes ; and taxes upon property. 

484. What three kinds of indirect taxes are there ? 
Taxes on imports, exports, and manufactures. 

485. What are imports ? 
Taxes on goods imported. 

486. What are duties and customs ? 

Taxes on goods either exported or imported. 

487. Are duties levied on articles exported from the United States? 

488. What are excises ? 

Taxes on manufactured goods. 

489. How are direct taxes apportioned among the several States ? 
According to their respective numbers. [5.] 

490. How are indirect taxes apportioned ? 

They must be uniform throughout the States. 

491. What is the object of making direct taxes uniform throughout 
the States? 

To prevent Congress from legislating in behalf of local 
interests. 

492. What doubt exists in reference to the proper meaning of this 
clause ? 

Whether Congress has power to collect taxes and also to 
pay the debts ; or the power to collect taxes for the purpose 
of paying the debts, etc. 

493. What is the common interpretation of the meaning of the 
clause ? 

That Congress has the power to collect taxes for the pur- 
pose of paying the debts, etc. 

494. What is our present income from all kinds of taxation ? 

495. What is the amount of our annual expenditure ? 

496. What is a tariff? 

A list of goods on which duties must be paid, with the 
exact rate of each. 

F 



82 HAND-BOOK OF CIVIL GOVERNMENT. 

497. Who prescribes these rates ? 

498. How are they collected ? 

499. What is a Custom-house ? 

500. What is the difference between specific and ad valorem duties ? 

501. What is the difference between protection and free trade? 

Clause II. Congress shall have power : 

" To borrow money on the credit of the United States." [27.] 

502. Define the words " borrow," " money," and " credit." 

503. To what does this clause relate ? 

504. Ought the borrowing of money to be classed among the re- 
sources of the United States ? 

505. What department of our Government has the sole power to 
borrow money ? 

506. Whose credit is pledged for the payment of money borrowed 
by Congress? 

507. Is the power to borrow money necessary to the existence of 
the National Government ? 

It is. 

508. What would be the result, if no power to borrow money ex- 
isted ? 

In times of war, or great public calamities, it would be 
impossible to provide for the unexpected wants of the na- 
tion. 

509. Would it be good policy to have money in reserve for such 
exigencies ? 

510. Is it considered just to future generations to compel them to 
share in the payment of debts which they did not help to create? 

511. Do all the great powers borrow money ? 

512. How much did our nation borrow during the war of 1812? 
The war with Mexico ? In the civil war ? 

513. What mode of borrowing money is usually adopted by the 
Government ? 

It issues bonds, which are promises to pay the sums speci- 
fied, at a given time, with interest at stated rates. 

514. What are Treasury Notes? 

They are notes representing a portion of our national 
debt, commonly called legal tenders, which are circulated as 
money, but upon which the Government pays no interest. 



QUESTIONS ON THE CONSTITUTION. 88 

615. Whom does Congress authorize to borrow money? 
The Secretary of the Treasury. 

516. What does Congress specify in borrowing money? 

The amount to be borrowed, the kind of securities to be 
given, the rate of interest to be paid, and the time and 
place of payment of principal and interest. 

Clause III. Congress shall have power : 

"To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes." [28.] 

517. Define the words "regulate," "commerce," "foreign," " seve- 
ral," and "tribes." 

518. To what does this clause relate? 

519. Does Congress have entire control of commerce ? 

520. How was commerce regulated under the Confederation ? 
It was left to the management of each particular State. 

521. What was the result of allowing the States to regulate com- 
merce under the Confederation ? 

Their foreign commerce was almost ruined, and the con- 
flicting claims of the several States brought them to the 
brink of a civil war. 

522. What is meant by regulating commerce ? 
Prescribing rules by which commerce is carried on. 

523. What two things are included in the general idea of com- 
merce ? 

Traffic, or the interchange of commodities ; and commer- 
cial intercourse, or navigation. 

524. What are some of the things to which the commercial power 
of Congress has been applied ? 

Congress has legislated in reference to embargoes, non-in- 
tercourse, non-importation, coasting-trade, fisheries, naviga- 
tion, seamen, privileges of American and foreign ships, 
quarantme, pilotage, wrecks, light-houses, buoys, beacons; 
obstructions in bays, sounds, rivers, and creeks ; inroads of 
the ocean ; and doubtless has the power to legislate concern- 
ing salvage, policies of insurance, bills of exchange, mari- 



84r HAND-BOOK OF CIVIL GOVERNMENT. 

time contracts, and the designation of ports of entry and 
delivery ; and all special commercial privileges and prefer- 
ences. 

525. What is meant by commerce with foreign nations ? 
Commerce with the people of those nations. 

526. What is an " embargo " ? 

527. Are the Indian tribes considered " foreign nations " ? 

No ; they are regarded as a people in a condition of de- 
pendence or pupilage, sustaining to the United States the 
relation of a ward to a guardian. 

528. Can States or individuals buy lands from the Indians ? 

No ; Congress has exclusive control of the whole matter. 

529. What Indian tribes are meant in this clause ? 

Tribes living within or without the territorial boundaries 
of the States, and within or without the limits of the United 
States. 

Clause IV. Congress shall have power : 

" To establish a uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies, throughout the United 
States:' [29.] 

530. Define the words "establish," "uniform," "rule," "laws," and 
" subject." 

531. What power has Congress over the subject of naturalization? 

532. What power has Congress over the subject of bankruptcies ? 

533. What is "naturalization"? 

A legal process by which the rights of citizenship are con- 
ferred upon aliens or foreigners. 

534. "Who are declared to be citizens in the Fourteenth Amend- 
ment? [99.] 

535. What is an" alien "? 

One born in a foreign country. 

536. Are children born in foreign countries, whose parents are 
citizens of the United States, but temporarily abroad on public busi- 
ness, to be considered aliens ? 

No ; such children are to be considered as native-born. 



QUESTIONS ON THE CONSTITUTION 85 

537. Who had control of the subject of naturalization under the 
Confederation ? 

The several States. 

538. What would be the result of giving the power of naturaliza- 
tion to the States ? 

A citizen of one State being entitled to all the rights of 
citizenship in every other State, each State might, by its 
naturalization laws, invade the rights and privileges of all 
the other States. 

539. How has naturalization been regulated by Congress in regard 
to residence ? 

In 1790, an act was passed requiring two years' residence 
before an alien could become a citizen ; in 1795 it was ex- 
tended to five years ; in 1798 to fourteen years ; and in 1802 
it was reduced to the present term of five years. 

540. What exception is made to the rules of naturalization in favor 
of soldiers ? 

Soldiers having served one year in the army of the Uni- 
ted States, and being honorably discharged, may become 
citizens on making oath to these facts and taking the oath 
of allegiance. 

541. What does the prescribed mode of naturalization require ? 
That the foreigner, after becoming a resident, shall make, 

before a court of competent jurisdiction, his declaration of 
intention on oath to become a citizen of the United States ; 
that five years after having become a resident, and two years 
after declaring his intention, citizens having testified to his 
five years' residence and good character, he shall take an 
oath renouncing his previous allegiance, and promising to 
support the Constitution of the United States. 

542. What provision is made for the children of persons duly 
naturalized who were under twenty-one years of age at the time of 
such naturalization ? 

They are considered citizens, if residing in the United 
States. 

543. What provision is made for the naturalization of ahens coming 



86 HAND-BOOK OF CIVIL GOVERNMENT. 

to this country when minors, but who have resided in the country 
three years before coming of age ? 

They can be admitted to citizenship two years after at- 
taining their majority, without the declaration of intention. 

544. How may female aliens become citizens ? 

A woman who might lawfully be naturalized under the 
existing laws, having been married to a citizen, shall also be 
deemed a citizen. 

545. If an alien who has made declaration of his intention to 
become a citizen die before he be naturalized, what provision is made 
for the citizenship of his widow and children ? 

They shall be considered as citizens upon taking the oath 
prescribed by law. 

546. When was the privilege of naturalization extended to aliens 
of African nativity ? 

547. When Texas was admitted into the Union, did its inhabitants 
have to be naturalized in order to become citizens ? 

548. When is a man insolvent ? 

When he is not able to pay his debts. 

549. What is a bankrupt? 

One who at his own request, or the request of his creditors, 
is declared by a Register in Bankruptcy to owe more than he 
can pay. 

550. What should bankrupt laws secure to creditors ? 

The full surrender and equal distribution of the insolvent, 
debtor's possessions. 

551. What should bankrupt laws secure to the debtor? 

A legal discharge from his creditors, after having surren- 
dered all his possessions. 

552. What is the dijSerence between an insolvent law and a bank- 
rupt law ? 

Under an insolvent law the future property of the debtor 
may be seized for his debts ; after a discharge under a 
bankrupt law, the creditors have no further claims. 

553. Can States pass insolvent laws ? 

The Supreme Court has decided that they can. 



QUESTIONS ON THE CONSTITUTION. 87 

554. Why cannot the States pass bankrupt laws ? 

Because such laws impair the obligation of contracts, and 
are unconstitutional. 

555. When was the present bankrupt law passed ? 
March 2, 1867. 

556. Is the present bankrupt law satisfactory ? 

No ; effbrts are being made to secure the enactment of 
a new law. 

Clause V. Congress shall have power : 
" To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of lueights and measures." [30.] 

557. Define the words "coin," "regulate," "fix," "standards," 
" weights," and " measures." 

558. What is money ? 

A medium of exchange and a measure of value. 

559. Who has the power to coin money ? 

560. How is the value of money regulated ? 

561. What is meant by foreign coin ? 

562. Why is it important that the value of foreign coin should be 
regulated by Congress ? 

563. Why should not the States be allowed to coin money and reg- 
ulate its value? 

Because there would be no uniformity in the standard of 
value. 

564. What advantages are secured by placing the coinage and 
regulation of the value of money exclusively in the hands of Con- 
gress? 

The facilitation of exchanges, benefit of commerce, pre- 
vention of undue and forced scarcity of money, and uniform- 
ity of value. 

565. What is a mint ? 

566. Where is the United States Mint located ? 

567. Where have branch mints been established? 

568. Name the coins of the United States. 

569. What is seignorage ? 

A charge for coining gold. 



88 HAND-BOOK OF CIVIL GOVERNMENT. 

570. Why is silver coined only for the Government ? 
Because silver coin is over-valued. 

571. Does this clause give Congress full control of the whole sub- 
ject of money ? 

Yes ; not only gold and silver coin, but all substitutes for 
them, such as treasury and bank-notes. 

572. Has Congress always exercised control over bank notes ? 

573. Has Congress ever fixed the standard of weights and measures? 
A uniform standard has been frequently urged, but has 

never been adopted. 

574. What is the metric system ? 

575. Has Congress made the use of the metric system legal ? 

576. Until Congress shall fix a standard of weights and measures, 
who exercises the right to do so ? 

The States have the power to fix their own. 

Clause VI. Congress shall have power i 
" To provide for the punishment of counterfeiting the secu- 
rities and current coin of the United States" [31.] 

577. Define the words "provide," "punishment," "counterfeiting," 
"current," and "coin." 

578. Who provides for the punishment of counterfeiting ? 

579. What is the object of the provision for the punishment of 
counterfeiting? 

To render more efiicient the powers of coinage and bor- 
rowing money ? 

580. What are meant by securities ? 

All certificates of indebtedness, such as bonds, coupons, 
treasury notes, etc. 

581. What besides securities and current coin does Congress in- 
clude in its laws for the punishment of counterfeiting ? 

National currency, United States notes, fractional notes, 
checks for money of authorized oflicers of the United Statei^, 
certificates of deposit, letters-patent, revenue and postage 
stamps, stamped envelopes, custom-house certificates, and all 
other representations of value which have been or may be 
issued under any act of Congress. 



QUESTIONS ON THE CONSTITUTION. 89 

582. Can States punish the passing of counterfeits of United States 
coins and securities ?* 



Clause VII. Congress shall have power : 

" To establish post-offices and post-roads." [32.] 

583. To what does this clause refer ? 

584. When was our Post-office Department established ? 
Before the Declaration of Independence. 

585. Who was placed at the head of it ? 
Benjamin Franklin. 

586. Under whose charge is the Post-office Department at the pres- 
ent time ? 

* Congress has passed laws punishing the making, forging, or counter- 
feiting, and the passing, uttering, or publishing, of the coin of the coun- 
try, the notes of the United States bank, the Treasury notes, the frac- 
tional currency, the notes of the National banks, the excise stamps used 
for internal revenue, letters-patent, postage stamps, stamped envelopes, 
and custom-house certificates. 

The law now in force relating to counterfeiting the coin of the United 
States was passed in February, 1873. It provides that if any person, ex- 
cept as now authorized by law, shall make, or cause to be made, or shall 
utter or pass, or attempt to utter or pass, any coins of gold or silver, 
whether in the semblance of the coins of the United States or of foreign 
countries, every person so offending shall be punished by fine not exceed- 
ing five thousand dollars, and by imprisonment for a term not exceeding 
ten years. The penalty for counterfeiting the " minor coins" is a fine 
not exceeding one thousand dollars, and imprisonment not exceeding 
three years. 

The law of June 30, 1864, provides that if any person shall falsely 
make, counterfeit, or alter, or shall pass, utter, or publish any obligation 
or security of the United States, etc., he shall, on conviction, be pun- 
ished by fine not exceeding five thousand dollars, and by imprisonment 
and confinement at hard labor not exceeding fifteen years. The act also 
provides that the words " obligation or other security of the United 
States" shall be held to include " all bonds, coupons, national currency. 
United States notes, Treasury notes, fractional notes, checks for money 
of authorized officers of the United States, certificates of indebtedness, 
certificates of deposit, stamps, and other representatives of value, of 
whatever denomination, which have been or may be issued under any 
act of Congress." 
8* 



90 HAND-BOOK OF CIVIL GOVERNMENT, 

Under a Postmaster-General and three Assistant Post- 
masters-General. 

587. How are Postmasters appointed ? 

Those whose salaries are less than one thousand dollars 
are appointed by the Postmaster-General ; others are nomi- 
nated by the President and confirmed by the Senate. 

588. Does the Post-office Department of the United States pay ex- 
penses? 

589. Into wliat three classes is mailable matter divided? 
Letters, printed matter, and miscellaneous articles. 

590. What are the present rates of postage in the United States? 

591. When were postage stamps introduced ? 

592. When were stamped envelopes first furnished? 

593. When was the system of registering letters established? 

594. When was the postal money-order system introduced? 

595. Explain the postal money-order system. 

596. When was free delivery of letters by carriers first provided for? 

597. What is the Dead-letter Office? 

An office in Washington to which unclaimed letters, after 
being advertised, are sent. Here they are opened, and if 
possible returned to the writers. 

598. What is meant by the franking privilege ? 

The privilege of sending and receiving mail matter free. 

599. By whom was it formerly enjoyed ? 

By the President, Vice-President, Cabinet Officers, Mem- 
bers of Congress, Delegates from the Territories, and some 
others. 

600. What are post-roads? 

Roads or routes over which the mail is carried. 

601. How has the power to establish post-roads been interpreted? 
To include the power of making internal improvements. 

602. Has Congress found it necessary to exercise its power to 
establish post-roads ? 

Only in a few cases. Roads already opened have gen- 
erally been selected. 

603. What are some of the advantages which result from the exer- 
cise of postal powers ? 



QUESTIONS ON THE CONSTITUTION. 91 

Individuals and the Government are enabled to transmit 
intelligence, to make remittances of money, and to transact 
various branches of business with a degree of promptitude, 
regularity, and economy that could not be secured in any 
other way. 

604. What are postal powers of Congress supposed to include ? 
All other powers necessary to render them effective. 

605. Why is the power to establish post-offices and post-roads one 
of the most important of all the powers granted to Congress ? 

Because by it there has been instituted an establishment 
employing more men, controlling more patronage, and col- 
lecting and disbursing more money than sufficed, within a 
few years past, for the administration of the entire Govern- 
ment. 

606. Why do we affix stamps to our letters ? 

607. Are postage stamps certificates of deposit ? 

Clause VIII. Congress shall have power: 

" To promote the progress of science and useful arts, by se- 
curing , for limited times, to authors and inventors, the exclusive 
right to their respective writings and discoveries^ [33.] 

608. Define the words " promote, " " progress," " science," " arts," 
"securing," "limited," "authors," "inventors," "exclusive," "right," 
"respective," "writings," and "discoveries." 

609. To what does this clause refer? 

The power of Congress over copyrights and patent-rights. 

610. What is the object of the clause? 

To secure the rights of authors and inventors. 

611. What is a copyright? 

The exclusive right to publish a book, map, chart, musical 
composition, engraving, photograph (or negative), painting, 
drawing, model, chromo, or statue for a fixed period of time. 

612. How long does a copyright extend? 

613. May a copyright be renewed ? 

The author may, if living, obtain an extension for four- 
teen years ; or, if dead, his heirs may do the same. 



92 HAND-BOOK OF CIVIL GOVERNMENT. 

614. How is a copyright secured? 

615. What notice must the owner of a copyright give ? 

616. What is the expense of securing a copyright? 

617. Must different or new editions of a book be separately copy- 
righted? 

Yes; and a copy of each subsequent edition in which 
there are any material changes, must be sent to the Libra- 
rian of Congress. 

618. What is a patent-right ? 

The sole right to make, use, or sell a new invention. 

619. How long do patent-rights extend? 

620. How are letters-patent secured ? 

The applicant must give a complete description of his in- 
vention, and, in cases admitting of drawings and models, 
these must be sent to the Commissioner of Patents. 

621. How soon must the application for letters-patent be made? 
Not later than two years after the use or sale of the in- 
vention or discovery. 

622. What must the applicant for letters-patent swear? 

That he believes himself to be the inventor of what he 
seeks to have patented. 

623. What do letters-patent cost ? 

624. For how long are patents granted for designs f 

For three years and a half, for seven years, or for fourteen 
years. 

625. What are the fees for designs ? 

626. For how long may trade-marks be patented ? 
For thirty years. 

627. What is the fee for a trade-mark ? 
Twenty-five dollars. 

628. How may an inventor secure time to mature his discovery or 
invention? 

He may file a caveat (caution), setting forth its character, 
and praying for protection of his right until he can mature 
his invention. 

629. Are copyrights and patent-rights assignable in law ? 

Yes ; but a record of the assignment must be made in the 



QUESTIONS ON THE CONSTITUTION. 93 

one case in the office of the Librarian of Congress, and in 
the other in the Patent-Office. 

630. How are patented articles required to be marked ? 
With the word " patented," together with the date. 

631. Mention five of the most valuable patented inventions. 

632. What efiect does the expiration of a patent have upon the 
price of an invention ? 

633. Must books be copyrighted ? 

634. Mention a book not copyrighted. 

Clause IX. Congress shall have power : 

"To constitute tribunals inferior to the Supreme CourtJ^ [34.] 

635. Define the words "constitute," "tribunals," "inferior," "Su- 
preme," and " Court." 

636. Who establishes tribunals inferior to the Supreme Court? 

637. How is the Supreme Court established? 
By the Constitution itself 

638. What are the inferior Courts established by Congress called ? 
District Courts and Circuit Courts. 

639. How many of these Courts have been established by Congress? 
Fifty-eight District Courts and nine Circuit Courts. 

640. When was the Court of Claims established ? 

641. Why was the Court of Claims established? 

To exercise jurisdiction over claims against the Govern- 
ment, founded upon a law of Congress, any regulation of 
the executive department, or any contract, express or 
implied, with the Government of the United States. 

642. How were claims against the United States formerly exam- 
ined? 

By Congress, thus devolving a great deal of labor upon 
that body. 

643. Of what does the Court of Claims consist ? 

Of five judges, one of whom is Chief Justice, holding their 
office during good behavior. 

644. W^hat provision does Congress make for Courts in the Terri- 
tories ? 

Supreme and District Courts are established by Congress 



94 HAND-BOOK OF CIVIL GOVERNMENT 

in the Territories ; but they are not considered as an inte- 
gral part of the Judiciary of the United States. 

645. By what authority does Congress organize Courts in the Ter- 
ritories ? 

By virtue of the general sovereignty which exists in the 
General Government over the territories. 

646. For how long are the Judges appointed in the Territorial 
Courts ? 

For four years, unless sooner removed. 

647. Of what does the Supreme Court in the District of Columbia 
consist ? 

Clause X. Congress shall have power : 
" To define and punish piracies and felonies committed on 
the high seas, and offences against the law of nations.^' [35.] 

648. What is the meaning of the words " define," " pnnisli," " com- 
mitted," and "offences" ? 

649. What is piracy ? 

A forcible robbery or depredation upon the high seas. 

650. Can piracy be committed on an island of the sea 

651. What is felony ? 

Every species of crime which occasions the forfeiture of 
lands and goods, and for which the punishment of death may 
be mflicted. 

652. What crimes may felony include ? 
Murder, larceny, arson, burglary, etc. 

653. What is meant by the '* high seas " ? 

The ocean, including the waters along the coast beyond 
low-water mark, whether within the territorial boundaries 
of a nation or of a domestic State. 

654. What is meant by " the law of nations " ? 

Any law which regulates the intercourse of nations with 
each other. 

655. What is the punishment for piracy or felony ? 
Death. 



QUESTIONS ON THE CONSTITUTION. 95 

656. Why is Congress charged with the punishment of offences 
against the law of nations ? 

Because the United States are responsible to foreign na- 
tions for the conduct of American citizens at sea. 

657. When was the foreign slave-trade made piracy, and punish- 
able by death ? 

658. Can Congress enlarge or contract the definition of piracy ? 

659. Is their definition restricted to American citizens ? 
Yes. 

Clause XI. Congress shall have power : 
'* To declare war, grant letters of marque and reprisal ^ 
and make rules concerning captures on land and water" [36.] 

660. Define the words " declare," " war," " rules," and " captures." 

661. What is a declaration of war? 

A formal notice to the citizens of the nations involved 
that hostilities actually exist, or are about to begin. 

662. To whom does the power to declare war belong in monarchical 
governments ? 

To the Sovereign. 

663. Where is the sovereign power lodged in the United States ? 
In the will of the people. 

664. Do the people of the United States declare war ? 

Not directly; but through their representatives in Con- 



665. Why should the power to declare war be given to Congress? 
Because the people, whom they represent, ought to have 

a:s direct a voice as possible in deciding whether or not to 
declare war. 

666. Have the United States ever formally declared war ? 

They have only recognized hostilities as actually existing 
and legislated accordingly. 

667. How is peace made between nations which have formally de- 
clared war? 

Only through the negotiations of ambassadors or ministers 
representing the contending powers. 



96 BAND-noOR OF CIVTL GOVERKMEKT. 

668. Ought the States to be allowed to declare war? 

669. What is the meaning of the word " marque " ? 
A landmark or boundary. 

670. What does the word " reprisal " mean ? 
It means a taking in return. 

671. What are "Letters of Marque and Eeprisal"? 
Commissions from the Government authorizing the bearer 

to pass the boundaries of his OAvn country for the purpose 
of capturing the persons or property of another nation from 
which injury has been received. 

672. What is a privateer ? 

A vessel bearing Letters of Marque and Reprisal. 

673. When are Letters of Marque and Eeprisal granted ? 
Usually in time of war. 

674. Why are Letters of Marque and Reprisal sometimes granted 
in time of peace? 

Sometimes an individual, for whom no satisfaction can be 
obtained from a foreign nation, is allowed by his own Gov- 
ernment to capture the j)roperty of subjects of other nations 
to the extent of his injury. 

675. Do Letters of Marque and Reprisal prevent or occasion war? 

676. What is the property captured by a privateer called ? 
A prize. 

677. What is usually done with prizes captured by privateers ? 
The general practice is to distribute the proceeds of the 

property among the captors as a reward of bravery, and u 
stimulus to exertion. 

678. What formality is necessary before a prize captured by a pri- 
vateer is sold ? 

Proof must be made in a court of the United States that 
the property was taken from an enemy. 

679. What protection is afforded to bearers of Letters of Marque 
and Reprisal ? 

The commission saves the bearer and his crew from the 
liability, if captured, of being tried, convicted, and punished 
as pirates. 



QUESTIONS ON THE CONSTITUTION. 97 

680. How are the crews of authorized privateers treated ? 
As prisoners of war. 

681. To whom is the power to make rules concerning captures on 
land and water granted ? 

682. Give instances of prizes captured by privateers. 

683. What do you know about the " Alabama Case" and the " Gen- 
eva Award " ? 

Clause XII. Congress shall have power : 
" To raise and support armies ; hut no appropriation of 
money to that use shall be for a longer term than two years" [37.] 

684. Define the words "raise," "support," "appropriation," "money," 
and "term." 

685. Who has the power to raise and support armies ? 

686. How is Congress limited in its appropriations of money for 
raising and supporting armies ? 

687. With what other power should the power to raise and support 
armies always be connected ? 

The power to declare war. 

688. Who declared war and who raised and supported armies un- 
der the Articles of Confederation ? 

Congress declared war ; but only the States could raise 
troops. 

689. Why is Congress not allowed to make army appropriations 
for more than two years ? 

To prevent the maintenance of a standing army in time 
of peace, without the consent of the people. 

690. How often are appropriations for the army actually made ? 
Every year. 

691. What is all the legislation necessary at any time to disband 
the army of the United States ? 

Simply for Representatives of the people in Congress to 
omit to provide for its support in the annual appropriation 
bills. 

692. How is the regular army of the United States created ? 

By enlistments for five years under the acts of Congress. 

693. How large is the army of the United States at the present 
time ? 

9 Q — 



98 HAND-BOOK OF CIVIL GOVERNMENT. 

694. What is a "conscription" or "draft" ? 

Choosing by lot from among the citizens men who are 
compelled to serve in the army, or to furnish substitutes. 

695. Give the titles of our Army Officers in tlie order of their rank. 

General, Lieutenant-General, Major-General, Brigadier- 
General, Colonel, Lieutenant-Colonel, Major, Captain, First 
Lieutenant, and Second Lieutenant. 

696. How does our standing army compare with those of the Great 
Powers of Europe ? 

697. What other powers are implied in the power to declare war 
and raise and support armies ? 

The establishment of armories and arsenals for making 
and storing arms ; the designation of depots for distributing 
supplies ; means of transportation ; surveys of territory for 
the construction of army maps ; the maintenance of a mili- 
tary academy for the education of army officers ; and the 
care of the national cemeteries. 

Clause XIII. Congress shall have power : 
" To provide and maintain a navy.''^ [38.] 

698. Define the words " provide" and " maintain." 

699. Of what does a navy consist ? 

A navy consists of the entire number of ships of war be- 
longing to a nation or people considered collectively. 

700. Why is a navy necessary ? 

For the protection of fisheries, commerce, and navigation. 

701. Under whose charge is the navy of the United States ? 
Under the charge of the Secretary of the Navy. 

702. Who is the present Secretary of the Navy? 

703. What is the present condition of the United States Navy ? 

704. How many persons are authorized to be enlisted in the navy 
of the United States ? 

705. Of what does the Marine Corps of the United States consist ? 
Those who are trained to serve on land as well as on vessels 

of war. 

706. Name the titles of the officers of the navy in the order of 
their rank. 



QUESTIONS ON THE CONSTITUTION. - 99 

707. How does our navy compare with those of the Great Powers 
of Europe? 

708. What other powers are implied in the power to provide and 
maintain a navy ? 

The maintenance of navy-yards for the construction and 
repair of vessels ; ocean surveys for the construction of naval 
charts ; and the support of an Academy for the education 
of naval officers. 

Clause XIV. Congress shall have power : 
"To make rules for the government and regulation of the 
land and naval forces. '^ [39.] 

709. Define the words "rule," "government," "regulation," and 
"forces." « 

710. With what other powers is the power to make rules for the 
government and regulation of the land and naval forces connected ? 

With the power to declare war and to raise and support 
armies. 

711. How are the rules for the government of the land and naval 
forces published ? 

Each officer must subscribe to them ; they are read to 
every recruit at the time of his enlistment ; and they are 
published every six months to every garrison, regiment, 
troop, and company. 

712. When was flogging abolished in the navy ? 

713. When was flogging abolished in the army? 

714. By whom are Military Courts established ? 
By Congress. 

715. What is a Military Court called ? 
A Court-Martial. 

716. Do civil and military courts get their authority from the same 
source ? 

717. Is there any liability to conflict of jurisdiction between civil 
and military courts ? [69.] 

718. What does the making of rules for the government and reg- 
ulation of the land and naval forces include ? 

The manner of organizing and disciplining them ; the 
number, rank, and pay of the officers; and whatever is 



100 HAND-BOOK OF CIVIL GOVERNMENT. 

necessary for controlling them while in the service of the 
country. 

Clause XV. Congress shall power : 

*'To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions.^' [40.] 

719. Define the words "provide," "calling," "execute," "laws," 
"Union," "suppress," "insurrections," "repel," and "invasions." 

720. How are the militia distinguished from the regular army of 
the United States ? 

The militia are the citizen soldiers of the country, liable 
to be called out only in cases of emergency. 

721. How has Congress by an enactment described the militia? 
In 1863, Congress declared that all citizens, and those 

who have declared their intention to become such, between 
the ages of twenty and forty-five, shall constitute the na- 
tional forces, and shall be liable to perform military duty 
when called out by the President for that purpose. 

722. Who provides for calUng forth the militia of the United States ? 

723. What is inferred from the use of the word " provide " ? 
That Congress may instruct the President to judge of the 

necessity for calling out the militia during the recess of 
Congress. 

724. Has any law been passed by Congress authorizing the Presi- 
dent to call forth the militia ? 

Such a law was passed in 1792, and as amended in 1795 
is still in force. 

725. Why is Congress entrusted with the power to call forth the 
militia ? 

To enable them to discharge the duty of maintaining the 
public peace, and to assist the President in the proper exe- 
cution of the laws. 

726. What would be the alternative, if Congress did not possess 
the power to call forth the militia? 

It would be necessary to maintain a large standing army. 

727. Is Congress limited in the exercise of its power to call forth 
the militia? 



QUESTIONS ON THE CONSTITUTION. 101 

No restriction is put upon its action, either in regard to 
the time of service or the place of operation ; but the pur- 
poses for which the militia may be called forth are named in 
the Constitution. 

728. For what three purposes may Congress provide for calling 
forth the militia ? 

729. How many times in the history of our country have the mili- 
tia been called out by the General Government? 

730. For what purposes have the militia been called out ? 

731. How many calls for militia were made during the civil war? 

732. Were the militia called out in the war with Mexico ? 

733. Distinguish between " militia " and *' volunteers." 

734. What was the whole number of men mustered into the ser- 
vice of the United States during the Revolution ? 

735. How many men were called into service in the war of 1812 ? 

736. In the war with Mexico ? 

737. In the civil war ? 

Clause XVI. Congress shall have power : 

" To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be em- 
ployed in the service of the United States; reserving to the 
States respectively the appointment of the officers, and the au- 
thority of training the militia according to the discipline pre- 
scribed by Congress.'' [41.] 

738. Define the words " disciplining," "militia," "governing," "em- 
ployed," "service," "reserving," "respectively," "appointment," "au- 
thority," "training," and "prescribed." 

739. What is meant by organizing the militia ? 
Determining what number of troops shall be maintained in 

each branch of military service ; prescribing how the troops 
shall be divided and subdivided ; and fixing the number 
and rank of the officers who are to be placed in charge. 

740. What is meant by arming the militia ? 

Assuming control of the adoption and use of all arms, 
implements, and equipments that are necessary for effective 
service in the camp and field and on the march. 

741. What is understood by disciplining the militia? 
9* 



102 ^ HAND-BOOK OF CIVIL GOVERNMENT. 

Prescribing the tactics by which they shall be trained in 
orderly service and obedience, and adopting all the means 
necessary for their eiFective application. 

742. What is meant by governing the militia? 

Providing for the proper execution of all orders, ema- 
nating from official sources, which are necessary for the 
maintenance of order in the army, the movements of troops, 
and engagement in action. 

743. What fraction of the militia is governed by Congress? 

744. How are the militia not in the service of the United States 
governed ? 

They are under the control of the State governments. 

745. What militia powers are reserved to the States respectively ? 

746. How are the militia trained ? 

747. By whom are the mihtia trained ? 

748. Why is it left to the State governments to train the militia 
and appoint officers ? 

Because the militia are intended mainly for the mainte- 
nance of the State governments, to be called out by the 
General Government only in special emergencies. 

749. Why should the mode of organizing, arming, and disciplining 
all the militia be prescribed by Congress ? 

To secure uniformity in these respects as well as efficiency 
in case of actual service. 

750. What would be the result of the adoption of different mili- 
tary tactics in the various States ? 

Clause XVII. Congress shall have power : 

'' To exercise exclusive legislation, in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, by 
cession of particular States, and the acceptance of Congress, 
become the seat of the Government of the United States, and to 
exercise like authority over all places, purchased by the consent 
of the Legislature of the State in which the same shall be, for 
the erection of forts, magazines, arsenals, dockyards, and other 
needful buildings" [42.] 

751. Define the words "exercise," "exclusive," "legislation," "di*- 



QUESTIONS ON THE CONSTITUTION 103 

trict," "cession," "States," "acceptance," "seat," "authority," "pur- 
chased," "consent," "erection," "magazines," "arsenals," and "dock- 
yards." 

752. To what does this clause principally relate? 
To the seat of the National Government. 

753. What limit is prescribed by the Constitution as to the extent 
of country to be occupied as the Seat of Government ? 

754. What limitation is fixed by the Constitution in regard to the 
location of the Seat of Government ? 

755. What is the difierence between " ten miles square " and " ten 
square miles " ? 

756. What authority has Congress over places occupied by forts, 
magazines, arsenals, etc. ? 

757. How are sites for public works purchased ? 

758. When was the District of Columbia accepted by Congress ? 

759. By which States was the District of Columbia ceded to the 
United States ? 

760. When was the Virginia portion of the District of Columbia 
retroceded to that State? 

761. Why should Congress exercise exclusive legislation over the 
Seat of Government? 

W^ithout it the officers of Government might be inter- 
rupted in their duties, the public archives and other prop- 
erty be injured, and Congress itself be insulted. 

762. When was a Territorial Government established for the Dis- 
trict of Columbia ? 

763. How is the District of Columbia now governed ? 

By three Commissioners appointed by the President. 

764. Name the different places which were the Seat of Govern- 
ment of the United States prior to the year 1800. 

Philadelphia, Sept. 5, 1774 ; Philadelphia, May 10, 1775 
Baltimore, Dec. 20, 1776; Philadelphia, March 4, 1777 
Lancaster, Penn., Sept, 27, 1777 ; York, Penn., Sept. 30 
1777; Philadelphia, July 2, 1778; Princeton, June 30, 1783 
Annapolis, Md., Nov. 26, 1783 ; Trenton, N. J., Nov. 1, 1784 
New York, Jan. 11, 1785 ; Philadelphia, Dec, 1790. 

765. What two steps are necessary to procure sites for public works? 
The consent of Congress, and the consent of the Legis- 
lature of the State in which the proposed site is located. 



104 HAND-BOOK OF CIVIL GOVERNMENT, 

766. Can State authority be exercised for the purpose of serving 
civil or criminal writs in places owned by the United States Govern- 
ment? 

Not unless the State from which such places were pur- 
chased, reserved the right when the purchase was made. 

767. By whom are crimes committed in places owned by the Na- 
tional Government tried ? 

By the United States Courts. 

768. Why do the States usually reserve the right to serve all State 
processes in places which have been sold to the General Government ? 

To prevent these places from becoming retreats and 
asylums of fugitives from justice. 

769. Has the Seat of Government ever been in your State ? 

770. Name any public works in your State. 

771. Is the District of Columbia the most convenient place for the 
Seat of Government ? 

Clause XVIII. Congress shall have power : 
" To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in the Government of the 
United States, or in any department or officer thereof" [43.] 

772. Define the words " laws," " execution," " foregoing," " powers," 
" vested," " Constitution," " department," and " officer." 

773. To what does this clause relate? 

To the general law-making power of Congress. 

774. How is this clause to be considered ? 

Merely as stating in words what is actually taken for 
granted in the other provisions of the Constitution. 

775. Why was it thought necessary to insert a clause in the Consti- 
tution giving to Congress a general law-making power ? 

To prevent the repetition of a failure in the exercise of 
National powers such as occurred under the Confederation, 
which contained a clause to the contrary effect. 

776. Would Congress have had the power to make general laws, 
if there had been no clause to that effect in the Constitution ? 

777. Give examples of the exercise of the general law-making 
power by Congress. 



QUESTIONS ON THE CONSTITUTION 



105 



I. Financial,. 



II. Commercial. 



1^ 

(3. 



III. 
IV. 

V. 

yi. 

VII. 

VIII. 

IX. 

X. 



Blackboard Exercise, No, VII, 

( 1. Tax. [26.] 

2. Paying Debts. [26.] 

3. Borrowing. [27.] 
1. Foreign. 

Inter-State. 
3. Indian Tribes. [28.] 
Naturalization. [29.] 
Bankruptcy. [29.] 

1. Value. [30.] 

2. Counterfeiting. [31.] 
Weights and Measures. 

1. Post-Offices. 

2. Post-Roads. [32.] 

Monopolies. \ ^- Copyrights. 

( 2. Patent-rights. [33.] 
Judicial. [34.] 

Defining AND (1-Pi^^^^^^- 
Punishing. ) 2- Felonies. 

' 3. International Offences. [35.] 

1. Declaration. [36.] 

2. Marque and Reprised. [36.] 



Coinage. 



Postal. 



XL War. 5. Navy.^ 



3. Captures. \ " 



Land. 
h. Water. 



XII. 



XIII. Executive. [43.] 



[36.] 

r a. Raising. 
4. Armies. < h. Supporting. 

' c. Appropriations. [37.] 

a. Providing. 

6. Maintaining. [38.] 

a. Military. 

6. Naval. [39.] 

Calling forth. [40.] 
Organizing. 
Arming. 
Disciplining. 
Governing. [41.] 
' 1. Seat of Government. 

^ a. Forts. 
h. Magazines. 

c. Arsenals. 

d. Dockyards, &c.[42.] 



6. Rules. 



7. Militia. - 



Territorial 
Legislation. 



2. Public Works. 



106 HAND-BOOK OF CIVIL GOVERNMENT. 

Section IX.— Prohibitions upon the United States. 

Clause I. "TAe migration or importation of such persons, 
as any of the States, now existing, shall think proper to admit, 
shall not he prohibited by the Congress, prior to the year one 
thousand eight hundred and eight ; but a tax or duty may be 
imposed on such importation, not exceeding ten dollars for each 
person.'' [44.] 

778. Define the words "migration," "importation," "prohibited," 
" tax," " duty," " imposed," and " exceeding." 

779. To what does this clause relate ? 

To the abolition of the foreign Slave-Trade. 

780. Who are meant by the " persons" mentioned in this clause? 

781. Were any attempts made before the Ke volution to prevent the 
importation of slaves into this country ? 

Several of the Colonies passed such laws, but they were 
negatived by the British Government. 

782. What was the earliest period fixed in the Constitution for 
putting an end to the importation of slaves? 

783. When was the importation of slaves actually prohibited ? 
January 1, 1808, by a law passed March 2, 1807. 

784. What tax did Congress impose upon the importation of 
slaves before the Slave-Trade was prohibited ? 

785. Was a tax actually imposed by Congress upon imported 
slaves ? 

No tax was ever imposed by Congress upon imported 
slaves. 

786. What nation was the first to abolish the Slave-Trade? 
The United States. 

787. When did Great Britain abolish the Slave-Trade ? 
March 25, 1807. 

788. When was the Slave-Trade to foreign countries prohibited by 
the United States? 

789. When was the Slave-Trade declared to be piracy ? 

790. Has this clause anything to do with the Slave-Trade between 
the several States ? 

No ; these matters were regulated by the States themselves 
until the final abolition of slavery. 



QUESTIONS ON THE CONSTITUTION 107 

Clause II. " The privilege of the writ of habeas corpus shall 
not he suspended unless when, in cases of rebellion or invasion, 
the public safety may require it." [45.] 

791. Define the words "privilege," "suspended," "rebellion," and 
" invasion." 

792. Whatisa Avrit? 

A legal instrument or writing, issued by a competent au- 
thority, commanding the person, to whom it is directed, to 
do or not to do certain specified things. 

793. What is the meaning of the words habeas corpus ? 
" You may have the body." 

794. What is the effect of a writ of habeas corpus? 

It prevents illegal imprisonment by commanding the per- 
son who holds another under confinement to produce the 
person in open court, in order that the judge may inquire 
into the cause of his imprisonment. 

795. Upon whose application is a writ of habeas corpus granted? 
Upon the application of the person who is restrained of his 

liberty, or on the application of another person in his behalf. 

796. How can parents get control of their children when held in 
the custody of others ? 

797. How can sane persons, confined under the pretence of insanity, 
be liberated ? 

798. How must an application for a writ of habeas corpus be accom- 
panied ? 

With an aflfidavit that the confinement is contrary to law, 
and setting forth the facts in the case. 

799. When may Congress suspend the privilege of writ of habeas 
corpus ? 

800. Can the President suspend the privilege of writ of habeaa 
corpus f 

By act of Congress passed in 1863, the President was au- 
thorized to suspend the privilege whenever in his judgment 
the public safety should require it. 

801. When was the writ of habeas corpus first suspended by Con- 
gress and the President? 

During the Rebellion. 



108 HAND-BOOK OF CIVIL GOVERNMENT, 

802. Why is it necessary to suspend the privilege of writ of habeas 
corpV;S in cases of rebellion or invasion ? 

Clause III. "No bill of attainder, or ex post facto law, shall 
be passed." [46.] 

803. What is a Bill of Attainder? 

A Bill passed by the Legislature, convicting a person of 
crimes, and punishing him therefor, without a regular trial. 

804. What is the objection to a Bill of Attainder ? 

It deprives the citizen of his inalienable right of trial by 
jury. 

805. Is Congress allowed to pass a Bill of Attainder ? 

806. What are ex post facto laws? 

Laws which make acts criminal which were not criminal 
when committed. 

807. What is the operation of an ex post facto law? 

When an act has been done against which there was no 
law, a law may be afterwards passed, declaring the act to 
have been a crime, and punishing it accordingly. 

808. Is Congress allowed to pass an ex post facto law ? 

809. Give an example of an ex post facto law. 

810. Would a law aboHshing imprisonment for death be an ex post 
facto law ? 

811. Would a law rectifying an error be an ex post facto law ? 

Clause IV. "iVb capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration, herein before 
directed to be taken."- [47.] 

812. Define the words "laid," "proportion," "census," and "enu- 
meration." 

813. What is a capitation tax ? 

A tax levied not according to property, but by the head. 

814. How only can Congress levy a capitation or other direct tax ? 

815. What is the object of this clause? 

To prevent Congress from laying the burdens of govern- 
ment unequally upon different portions of the nation. 

816. Has any capitation tax ever been levied by the United States? 



QUESTIONS ON THE CONSTITUTION 109 

No ; and in some of the States it is forbidden by their 
Constitutions. 

817. How was the direct tax of 1798 assessed? 

Upon dwelling-houses, lands, and slaves — upon each slave 
fifty cents. 

818. Was this tax upon slaves a capitation tax ? 

Clause V. ''No tax or duty shall he laid on articles exported 
from any State. No preference shall be given, by any regula- 
tion of .commerce or revenue, to the ports of one State over those 
of another ; nor shall vessels bound to, or from, one State, be 
obliged to enter, clear, or pay duties in another." [48.] 

819. Define the words " tax," " duty," " laid," " articles," " export- 
ed," "State," "preference," "regulation," "commerce," "revenue," 
" ports," " vessels," " bound," and " obliged." 

820. Why is Congress prohibited from levying export duties ? 

To prevent taxing the interests of any State to its detri- 
ment, and giving undue advantages to others. 

821. How might Congress damage the interests of particular States 
by levying export duties ? 

By levying a tax upon the export of its staple productions. 

822. Does the prohibition upon export duties include all articles ? 

823. Can Congress grant any preference to the ports of one State 
over those of another ? 

824. What is meant by the words " to enter " a port ? 

To report the ship with the cargo to the proper officer, 
and obtain permission to land the cargo. 

825. What is meant by the words "to clear a port" ? 

To obtain from the proper authorities the necessary papers 
for sailing from the port. 

826. How were American ships compelled to trade with the 
European nations before the Kevolution ? 

All vessels belonging to the Colonies of Great Britain 
were required to enter and clear from a British port, in 
order to throw all the commerce of the Colonies into the 
hands of the British. 

827. What is the object of prohibiting Congress from requiring 
10- 



110 HAND-BOOK OF CIVIL GOVERNMENT. 

vessels bound to or from one State to enter, clear, or pay duties in 
another ? 

To prevent Congress from putting the commerce of the 
country under the control of any particular section. 

828. What is the difference between coasting trade and foreign trade? 

Clause VI. "iVb money shall he drawn from the treasury hut 
ill consequence of appropriations made hy law ; and a regular 
statement and account of the receipts and expenditures of all 
puhlic moneys shall he puhlished from time to time.'' [49.] 

829. Define the words " money," " drawn," " treasury," " conse- 
quence," " appropriations," " law," " statement," " account," " receipts," 
" expenditures," " public," and " published." 

830. In what way, only, can money be drawn from the treasury of 
the United States ? 

831. To whom does the Constitution give the power of appropri- 
ating money ? 

832. What is the object of making Congress the guardian of the 
treasury of the United States ? 

To secure an honest expenditure of the public funds. 

833. What is necessary before any Government official can draw 
money from the United States Treasury ? 

834. Can members of Congress draw their salaries without making 
appropriations ? 

835. How often are appropriations voted by Congress? 
Annually. 

836. When does the fiscal year of our Government end ? 
June 30. 

837. Why is a regular account and statement of the receipts and 
expenditures of the public money required to be published by the 
Government ? 

Because such accounts serve as a check on the possible 
extravagance of Congress and the Executive. 

838. Who reports the account of the receipts and expenditures to 
Congress annually ? 

The Secretary of the Treasury. 

Clause VII. "No title of nohility shall he granted hy the 
United States : And no person, holding any office of profit or 



QUESTIONS ON TEE CONSTITUTION 111 

trust under them, shall, without the consent of the Congress, 
accept of any present, emolument, office, or title, of any hind 
whatever, from any king, prince, or foreign State." [50.] 

839. Define the words " title," " nobility," "office," " profit," "trust," 
"consent," "present," "emolument," and "prince." 

840. Why is the United States Government not allowed to grant 
titles of nobility ? 

Because the theory of our institutions is that all citizens 
are equal before the law. 

841. Why are United States officers forbidden to accept any foreign 
patronage without the consent of Congress ? 

To prevent any officer of the Government from being influ- 
enced by a gift of any kind from any foreign prince or State. 

842. What is done with presents sent to officers of the United States 
Government by a foreign power ? 

They become the property of the Government, or of those 
whom Congress has authorized to receive them. 

843. Are private citizens and officers of the State governments 
prohibited from receiving foreign patronage ? 

844. Do you know any private citizen who has received a title from 
any king, prince, or foreign State ? 

845. Has any Amendment ever been proposed extending the pro- 
hibition of foreign patronage to private citizens ? 

Yes ; by the Eleventh Congress, at their second session. 

846. Was this Amendment ratified ? 



&^ 



as 

pqg 



Blackboard Exercise ^ No. VIII, 



I. Abolition of Slave-Trade. "• ^' ^^^ ' 



2. Tax. [44.] 

II. Suspension OF Habeas Corpus. \ ^' ?^^^\^^^°- _ , 

(. 2. Invasion, [45.] 

III. Infliction of Penalties. \ ^- ^^ ^^ f '^^?^'':,. , 

t 2. Ex post facto law. [46.] 

IV. Laying Direct Taxes. [47.] 
V. Laying Export Duties. [48.] 

VI. Preferences in Inter-State Commerce. [48.] 

VII. Public Treasury- \ ^' Appropriations 
( 2. Statement. [49.] 
I VIII. Granting Titles. [60.] 



112 . HAND-BOOK OF CIVIL GOVERNMENT, 

Section X.— Prohibitions upon the States. 

Clause I. "iVo State shall enter into any treaty, alliance y 
or confederation ; grant letters of marque and reprisal ; coin 
money ; emit bills of credit ; make anything but gold and sil- 
ver coin a tender in payment of debts, pass any bill of attainder, 
ex post facto law, or law impairing the obligation of contracts, 
or grant any title of nobility." [51.] 

847. Define the words ''treaty," "alliance," "confederation," "let- 
ters of marque and reprisal," "tender," "debts," "bill of attainder," 
" ex post facto law, '^ "impairing," "obligation," "contracts," "title," 
and " nobility." 

848. Why should no State be allowed to enter into any treaty, alli- 
ance, or confederation ? 

Because such a privilege would conflict with the powers 
granted to the General Government. 

849. Why should not the States be allowed to grant letters of marque 
and reprisal? 

Because this would place it in the power of any one State 
to involve all the others in war. 

850. Why should not States be allowed to coin money ? 

Such a provision would only multiply expensive mints, 
and introduce troublesome differences in the form and 
weights of the circulating coins. 

851. What is meant by " bills of credit" ? 

Paper money, or promises to pay, issued in such a way as 
to be used as a circulating medium. 

852. Is a State prohibited from borrowing money by giving bonds? 

853. Can a State make its bonds receivable for taxes, debts, and the 
salaries of public officers? 

The Supreme Court has decided that such bonds are bills 
of credit, and therefore unconstitutional. 

854. Were the paper notes issued by the Continental Congress bills 
of credit? 

855. What is a legal tender? 

Such an offer of payment as the creditor is obliged to ac- 
cept, or forfeit his claim to interest. 



QUESTIONS ON THE CONSTITUTION. 113 

856. Can Congress emit "bills of credit"? 

857. Can Congress make anything but gold and silver a legal 
tender ? 

858. What are "greenbacks"? 

859. Have bills of attainder, or ex post facto laws, ever been passed 
in this country ? 

During the Kevolution, the States confiscated the property 
of those who espoused the cause of the mother country. 

860. What is a contract ? 

An agreement between two or more parties competent to 
contract, based on a sufiicient consideration, each promising 
to do or not to do some particular thing possible to be done, 
and not prohibited by law. 

861. Can any State pass laws impairing the obligation of contracts? 

862. Can a Legislature change the method of enforcing a contract ? 

863. Have any instances occurred in our history of laws impairing 
the obligations of contracts ? 

The laws making the depreciated Continental money a 
legal tender, and various laws of the same kind passed by 
the States during the Revolution, Avere of this kind. 

864. Can the States be prohibited from passing bankrupt laws? 

865. Can States make insolvent laws, discharging contracts in cer- 
tain cases? 

The Supreme Court has decided that the States may pass 
laws in reference to future contracts, but not to those which 
are past. 

866. Can grants made by a State Legislature be changed ? 
A grant made by a State Legislature is irrevocable. 

867. Give examples. 

The charter of a bank or of a college. 

Clause II. "iVb State shall, ivithout the consent of the Con- 
gress, lay any iynposts or duties on imports or exports, except 
what may be absolutely necessary for executing its inspection 
laws; and the net produce of all duties and imports, laid by any 
State on imports or exports, shall be for the use of the treaswy 
of the United States ; and all such laws shall be subject to the 
10^ H 



114 HAND-BOOK OF CIVIL GOVERNMENT. 

revision and control of the Congress. No State shall, without 
the consent of Congress, lay any duty on tonnage, keep troops, or 
ships of war, in time of peace, enter into any agreement or com- 
pact with another State, or with a foreign power, or engage in 
war, unless actually invaded, or in such imminent danger, as 
will not admit of delay. ^^ [52.] 

868. Define the words "State," "consent," "imposts," "duties," 
"imports," "exports," "absolutely," "executing," "inspection laws," 
" net," " produce," " treasury," " revision," " control," " tonnage," 
" compact," and " imminent." 

869. To what extent are the States allowed to levy duties on imports 
and exports? 

870. Whose consent must the States have to levy duties on goods ? 

871. What is done with the net produce of all duties and imposts 
laid by States ? 

872. What are inspection laws ? 

Laws requiring a careful examination of goods before 
they can become articles of commerce. 

873. What is the object of inspection laws? 

To secure a certain standard of excellence in commodities 
offered for sale, so that purchasers may not be imposed upon. 

874. What is an inspector? 

875. How are inspectors paid ? 

876. To whose revision and control are State inspection laws subject? 

877. What is the object of placing the States under the control of 
Congress in regard to duties on imports and exports ? 

To prevent the States from making laws interfering with 
the general authority of Congress to regulate commerce. 

878. What are duties on tonnage ? 

. Taxes or duties levied upon ships in proportion to their 
cubical contents expressed in tons. 

879. How much is a ton expressed in cubic feet ? 

880. Why are States prohibited from laying duties on tonnage ? 
If the States are prohibited from raising revenue from 

duties on goods, they should also be prohibited from taxing 
the ships in which they are brought. 

881. Does the Constitution in any other clause refer to taxation 
of any kind by State authority ? 



QUESTIONS ON THE CONSTITUTION. 115 

882. Does the Constitution deny the power of the States to levy 
taxes ? 

883. For what purposes may a State levy taxes ? 
For the support of its local government. 

884. Wliat would be the consequence of allowing States to maintain 
troops and ships of war? 

It would endanger the public safety by causing jeal- 
ousies among the States, and provoking hostilities with 
foreign nations. 

885. Why should not States be alloAved to form compacts with each 
other or with foreign States ? 

Because the States might make such arrangements as 
would neutralize the powers of Congress ; and foreign powers 
might gain an advantage over all the States by securing the 
favor of one State. 

886. In what cases may States engage in war ? 

887. Has any State ever tried to engage in war unconstitutionally ? 

888. Have any States ever formed unconstitutional compacts with 
each other or with foreign nations ? 

889. Was this clause violated by the Southern States in 1861 ? 

Blackboard Exercise, No, IX. 

r 1. Treaties. 
I. Compacting. < 2. Alliances. 

V 3. Confederations. [51.] 
II. Granting Letters of Marque and Eeprisal. [51.] 
/ 1. Coining Money. 

III. Financial. ] 2. Bills of Credit. 
( 3. Tender. [51.] 

r 1. Bills of Attainder. 

IV. Legislative. < 2. Ex post facto laws. 
' 3. Impairing Contracts. [61.] 

V. Granting Titles of Nobility. [51.] 

{1. Imports. 
2. Exports. 
3. Tonnage. [52.] 
VII. Keeping Troops or Ships of War. [52.] 

VIII. Agreements. \ ^' "^'}^^ another State. 

( 2. With foreign Power. [52.] 
IX. Engaging in War. [52.] 



116 HAND-BOOK OF CIVIL GOVERNMENT. 

AETIOLE II.-THE EXECUTIVE DEPARTMENT : THE 
PEESIDENT AND VIOE-PEESIDENT. 

Section I. — Term : Election : Qualifications : Salary : Oath 
of Office. 

Clause I. " The Executive power shall he vested in a Presi- 
dent of the United States of America. He shall hold his office 
during the term of four years, and together with the Vice-Pres- 
ident, chosen for the same term, be elected as follows:'' [53.] 

890. Define the words " Executive," "vested," "President," "office," 
"term," "Vice-President," "chosen," and "elected." 

891. Was there any President under the Confederation? 

892. In whom is the Executive power of the United States vested ? 

893. Is any power vested in the President's cabinet by the Consti- 
tution ? 

894. Is the Executive power defined in the Constitution ? 

895. Why is the Executive power vested in one man ? 

To secure a stronger sense of personal responsibility and 
a more energetic execution of the laws. 

896. When did our nation select the name of " The United States 
of America"? 

897. For how long a term are the President and Vice-President of 
the United States elected ? 

898. How does the President's term of office compare with that of 
Senators and Kepresentatives ? 

899. What advantage results from making the term of the President 
four years ? 

The different departments of Government are never dis- 
solved at the same time. 

900. What evil might result from making the President's term less 
than four years ? 

Sudden changes in the policy of the General Government. 

901. Are Presidents of the United States restricted to any particu- 
lar number of terms? 

902. How many Presidents have been elected a second time ? 

903. Has any President been a candidate for a third term ? 

904. What serious disadvantage is there in not limiting the Presi- 
dent to a single term of office ? 



QUESTIONS ON THE CONSTITUTION. 117 

The danger of shaping his administration so as to secure 
renomination. 

905. What danger might result from making the Presidential term 
a long one ? 

It might tend to make the Executive independent of the 
. will of the people. 

906. When does the Presidential term begin ? 

907. How long does the Vice-President serve, in case he succeeds 
the President ? 

V Clause II. " Each State shall appoint, in such manner as 

the Legislature thereof may direct, a number of Electors, equal 
to the whole number of Senators and Representatives to which 
the State may be entitled in the Congress ; but no Senator or 
Representative, or person holding an office of trust or profit 
under the United States, shall be appointed an Elector.'' [54.] 

908. Define the words "State," "appoint," "Legislature," "direct," 
"Electors," "Senators," "Representatives," "entitled," "Congress," 
"trust," "profit," and "appointed." 

909. For what does this clause provide? 

910. Who appoints the Electors of President and Vice-President 
of the United States? 

911. In what manner are the Electors of President and Vice-Pres- 
ident appointed? 

912. How many Electors of President and Vice-President is each 
State allowed to appoint? 

913. What persons ara^isqualified from being Electors of Presi- 
dent and Vice-President of the United States ? 

914. What scheme for electing the President of the United States 
was first proposed in the Constitutional Convention ? 

It was proposed that he should be elected by the National 
Legislature. 

915. How were the Electors of President and Vice-President for- 
merly chosen ? 

In four different ways : by joint ballots of the State Legis- 
latures ; by a concurrent vote of the two branches of the State 
Legislature ; by the people of the State voting by general 
ticket ; and by the people voting in districts. 



118 HAND-BOOK OF CIVIL GOVERNMENT. 

916. To whom is the election of Electors of President and Vice- 
President now.generally confided? 

To the people of the several States. 

917. To how many electors of President and Vice-President is your 
State entitled ? (Eeckon one for each Congressional district, and two 
at large.) 

918. What are the qualifications of Electors of President and Vice- 
President? 

919. Can a Postmaster be an Elector of President and Vice-Presi- 
dent? 

[Clause III. "The Electors shall meet in their respective States, 
and vote by ballot for two persons, of whom one, at least, shall not be 
an inhabitant of the same State with themselves. And they shall 
make a list of all the persons voted for, and of the number of votes 
for each ; which list they shall sign and certify, and transmit, sealed, 
to the seat of the government of the United States, directed to the 
President of the Senate. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open all the 
certificates, and tlie votes shall then be counted. The person having 
the greatest number of votes shall be the President, if such num- 
ber be a majority of the whole number of Electors appointed ; 
and if there be more than one, who have such majority, and have an 
equal number of votes, then the House of Representatives shall im- 
mediately choose, by ballot, one of them for President ; and if no 
person have a majority, then, from the five highest on the list, the 
said House shall, in like manner, choose the President. But in 
choosing the President, the votes shall be taken by States, the repre- 
sentation from each State having one vote • a quorum for this pur- 
pose shall consist of a member or membere from two-thirds of the 
States, and a majority of all the States shall be necessary to a choice. 
In every case, after the choice of the President, the person having the 
greatest number of votes of the Electors shall be the Vice-President. 
But if there should remain two or more who have equal votes, the 
Senate shall choose from them, by ballot, the Vice-President."] [55.] 

N. B. — This clause has since been repealed. It is quoted here 
merely for reference, and not to be learned by the pupil. Instead of 
^learning it, he should study the following, which is Article XII. of 
the Amendments, and which contains the present mode of electing the 
President and Vice-President. This Amendment is treated of here, 
because of its connection with the present subject, 



QUESTIONS ON THE CONSTITUTION. 119 

Amendment, Article XII. 
Mode of choosing the President and Vice-President. 

Clause I. " The Electors shall meet in their respective States y 
and vote by ballot for President and Vice-President, one of 
whom, at least, shall not be an inhabitant of the same State with 
themselves ; they shall name in their ballots the person voted for 
as President, and in distinct ballots the person voted for as Vice- 
President; and they shall make distinct lists of all persons 
voted for as President, and of all persons voted for as Vice-Pres- 
ident, and of the number of votes for each, which lists they shall 
sign, and certify, and transmit, sealed, to the seat of the govern- 
ment of the United States, directed to the President of the Senate ; 
the President of the Senate shall, in the presence of the Senate 
and House of Representatives, open all the certificates, and the 
votes shall then be counted ; the person having the greatest num- 
ber of votes for President shall be the President, if such number 
be a majority of the whole number of Electors appointed ; and 
if no person have such majority, then, from the persons having 
the highest numbers, not exceeding three, on the list of those 
voted for as President, the House of Representatives shall choose 
immediately, by ballot, the President. But in choosing the Pres- 
ident, the votes shall be taken by States, the representation from 
each State having one vote ; a quorum for this purpose shall 
consist of a member or members from two-thirds of the States, 
and a majority of all the States shall be necessary to a choice. 
And if the House of Representatives shall not choose a Presi- 
dent, whenever the right to choose shall devolve upon them, 
before the fourth day of March next following, then the Vice- 
President shall act as President, as in the case of the death, or 
other constitutional disability, of the President.'' [95.] 

920. Define the words " respective," " vote," " ballot," " inhabitant," 
"distinct," "sign," "certify," "transmit," "sealed," "seat of govern- 
ment," "directed," "presence," "certificates," "majority," "repre- 
sentation," "quorum," " devolve," and "disability." 



120 HAND-BOOK OF CIVIL GOVERNMENT. 

921. Where do the Electors of President and Vice-President of the 
United States meet ? 

922. How do Presidential Electors vote ? 

923. For what officers do the Presidential Electors vote? 

924. Can Presidential Electors vote for both President and Vice- 
President, if they are inhabitants of the same State with themselves? 

925. What is the object of this provision ? 
To prevent local partialities. 

926. How are the Presidential Electors required to make their 
ballots? 

927. How does the present mode of balloting for President and 
Vice-President differ from the former mode ? 

928. What provision is made to prevent mistakes in balloting for 
President and Vice-President of the United States ? 

929. What provision is made to prevent fraud in handling the bal- 
lots of the Presidential Electors ? 

930. Where are the lists made by the Presidential Electors sent ? 

931. To whom are the lists made by the Presidential Electors di- 
rected ? 

932. How are the votes of the Presidential Electors counted at the 
seat of government? 

933. What number of Electoral votes is necessary to an election of 
President and Vice-President of the United States ? 

934. Why should not a person be elected to the Presidency and 
Vice-Presidency who has a plurality of votes ? 

In case there were several candidates, a person might be 
elected by a small number of votes, against the wishes of a 
large number of the people. 

935. Who elects the President of the United States, in case the 
Electors fail to do so ? 

936. How does the House of Representatives elect the President 
when the choice devolves upon them ? 

937. When? 

938. How is the House of Representatives limited in its choice of 
candidates for President of the United States ? 

939. How are the votes of the House of Representatives taken in 
choosing the President of the United States ? 

940. What States are favored by this mode of voting ? 

The smaller States ; the smallest having in such a case as 
much weight as the largest. 



QUESTIONS ON THE CONSTITUTION. 121 

941. What States have the advantage when the President of the 
United States is chosen by Electors ? 

The large States. 

942. In choosing the President of the United States in the House 
of Representatives, what is necessary to make a quorum of the 
House ? 

943. What number of States is necessary to a choice of President 
of the United States by the House of Representatives? 

944. How long can the duty of choosing a President of the United 
States be deferred by the House of Representatives ? 

945. Why is that day particularly named ? 

Because the existing President's term of office expires on 
that day. 

946. In case the House of Representatives fail to choose a Presi- 
dent of the United States before the 4th of March, who succeeds to 
the Presidency ? 

The newly elected Vice-President. 

947. Has the country ever had or been threatened with a case of 
this kind ? 

948. How are the certificates of the Presidential Electors sent to 
Washington ? 

One of the certificates is sent by special messenger to the 
President of the Senate ; a second one is forwarded to the same 
person by mail ; and a third is delivered to the judge of the 
district in which the Electors assemble. 

949. When are the Electoral votes counted in the presence of the 
Senate and House of Representatives ? 

The proceeding takes place in the Hall of the House of 
Representatives on the second Wednesday of February. 

950. Which of our Presidents have been elected by the House of 
Representatives ? 

951. What led to the adoption of the Twelfth Amendment? 

The protracted contest in the House of Representatives 
between Thomas Jefferson and Aaron Burr. 

952. How many Presidents have been elected by the House of Rep- 
resentatives since the adoption of the Twelfth Amendment ? 

953. When was the Twelfth Amendment proposed ? 
In December, 1803. 

H 



122 HAND-BOOK OF CIVIL GOVERNMENT. 

954. When was the Twelfth Amendment ratified ? 
In September, 1804. 

955. Point out the chief points of difference between the old and 
new mode of electing the President and Vice-President. 

Clause II. " The person having the greatest number of votes 
as Vice-President shall he the Vice-President^ if such number 
be a majority of the whole number of Electors appointed ; and 
if no person have a majority, then, from the two highest num- 
bers on the list, the Senate shall choose the Vice-President; a 
quorum for the purpose shall consist of two-thirds of the whole 
number of Senators ; a majority of the whole number shall be 
necessary to a choice." [96.] 

956. To what does this clause relate ? 

957. What number of Electoral votes is necessary to elect the Vice- 
President ? 

958. If the Electors fail to elect a Vice-President, how is he 
chosen ? 

959. How is the Senate limited in its choice of candidates when 
the choice of Vice-President of the United States devolves upon it ? 

960. What constitutes a quorum of the Senate when choosing the 
Vice-President of the United States ? 

961. What number of Senators is necessary to a choice of the Vice- 
President of the United States ? 

962. Does the Senate in choosing the Vice-President of the United 
States vote by States ? 

963. How many times has the choice of a Vice-President of the 
United States devolved upon the Senate ? 

964. Compare this clause with that of the original article. 

Clause III. "But no person constitutionally ineligible to the 
office of President, shall be eligible to that of Vice-President of 
the United States.'' [97.] 

965. Define the words "constitutionally," "ineligible," "office," 
and "eligible." 

966. Why are the same qualifications required of the Vice-Presi- 
dent as of the President ? 

Because in certain cases the Vice-President succeeds to 
tbe office of President. 



QUESTIONS ON THE CONSTITUTION. 123 

967. Was this clause in the original Constitution when first pre- 
sented to the Convention ? 

968. Was there any necessity for its being placed in the original 
Constitution ? 

969. How many times since the adoption of the Constitution has 
the Vice-President been called upon to act as President ? 

970. Give an account of each case. 

Clause IV. " Tlie Congress may determine the time of choos- 
ing the Electors, and the day on ivhich they shall give their votes; 
which day shall be the same throughout the United States.'^ [56.] 

971. Define the words "Congress," "determine," "electors," and 
"votes." 

972. How is the time of choosing Presidential Electors determined? 

973. What is the choice of Electors of President and Vice-President 
generally called ? 

The Presidential Election. 

974. Is the time of choosing Electors of President and Vice-Presi- 
dent the same throughout the States ? 

It is. By act of Congress of January 23, 1845, the Elec- 
tors are to be chosen in each State on the Tuesday next after 
the first Monday in November. 
' 975. How is the day on which the Presidential Electors shall give 
their votes determined ? 

976. Is the day on which Presidential Electors give their votes the 
same throughout the United States ? 

977. Where and when do the Presidential Electors give their votes? 
At a place designated by the State Legislature, on the first 

Wednesday of December. 

978. When and where are the votes of the Presidential Electors 
counted ? 

979. Is the result of the Presidential election known before the votes 
are counted in Congress ? 

Clause V. " iVo person, except a natural-born citizen, or a 
citizen of the United States at the time of the adoption of this 
Constitution, shall be eligible to the office of President; 7ieither 
shall any pej'son be eligible to that office who shall not have 



124 HAND-BOOK OF CIVIL GOVERNMENT. 

attained to the age of thirty-five years, and been fourteen years 
a resident within the United States." [57.] 

980. Define the words "citizen," "adoption," "Constitution," "eli- 
gible," " attained," and " resident." 

981. To what does this clause relate? 

982. What is required of the President of the United States in 
regard to birth ? 

983. What temporary exception was made to the qualification of 
birth of the President of the United States ? 

984. Why was this exception made ? 

From gratitude to those distinguished foreigners who had 
rendered the country service during the Revolution. 

985. How old must the President of the United States be? 

986. How long must the President have been a resident of the 
United States ? 

987. Are persons born of parents while abroad in the public ser- 
vice ineligible to the office of President of the United States? 

988. Does a residence abroad on official duty incapacitate one from 
holding the office of President ? 

No. Mr. Buchanan had been Minister to England just 
prior to his election to the Presidency in 1856. 

Clause VI. " In case of the removal of the President from 
office, or of his death, resignation, or inability to discharge the 
powers and duties of the said office, the same shall devolve on 
the Vice-President, and the Congress may by law provide for the 
case of removal, death, resignation, or inability both of the Pres- 
ident and Vice-President, declaring what officer shall then act 
as President, and such officer shall act accordingly, until the 
dimbility be removed, or a President shall be elected." [58.] 

989. Define the words "removal," "office," "resignation," "ina- 
bility," "discharge," "powers," "duties," "devolve," "accordingly," 
and " elected." 

990. When does the office of President devolve upon the Vice- 
President ? 

991. Who declares what officer shall act in case of the removal, 
death, resignation, or inability of both President and Vice-President ? 

992. When Congress provides the President's successor, how long 
does that officer act ? 



QUESTIONS ON THE CONSTITUTION. 125 

993. When the Vice-President succeeds to the office of President, 
is he called President or acting President f 

Congress has uniformly recognized the Executive in such 
cases as President, making no distinction between him and 
the President originally elected as such by the people. 

994. Would the person succeeding to the office vacated by botli 
President and Vice-President be called President or acting President ? 

995. How has Congress provided by law for a successor in case of 
the removal, death, resignation, or inability of both President and 
Vice-President ? 

Congress has provided that the President pro tempore of 
the Senate, and in case there is no such officer, the Speaker 
of the House of Representatives shall act as President until 
the disability be removed or a new President be elected. 

996. If the President pro tempore of the Senate, or the Speaker of 
the House of Kepresentatives, acts as President of the United States, 
when would a new election take place ? 

Such special election would be held at the same time of 
the year as the regular election. 

997. Would this include the case of a non-election of President 
and Vice-President at the regular time ? 

998. How often has a vacancy in the office of President occurred 
by death ? 

999. Has the office of President ever been made vacant by any 
other cause than death ? 

1000. In case of the death of the Vice-President only, does the 
President pro tempore of the Senate succeed to that office ? 

1001. How many Presidents and Vice-Presidents have died while 
in office ? 

Clause VII. " The President shall, at stated times, receive 
for his services a compensation, which shall neither be i7i- 
creased nor diminished during the period for which he shall 
have been elected, and he shall not receive within that period 
any other emolument from the United States, or any of them.'' 
[59.] ' 

1002. Define the words " President," " stated," " services," " com- 
pensation," " increased," " diminished," " period," " elected," and 
" emolument." 

11* 



126 HAND-BOOK OF CIVIL GOVERNMENT. 

1003. Is the President paid for his services ? 

1004. Why should the President receive compensation for his 
services ? 

Otherwise the expense of the office might exclude men 
well qualified for the position, but in moderate circum- 
stances. 

1005. Can the President's compensation be increased while he con- 
tinues in office? 

1006. Why should the President's compensation not be increased 
Avhile he is in office ? 

Because a corrupt President might abuse the patronage 
of his office, in order to get such an increase of salary. 

1007. Why should the President's salary not be diminished while 
he is in office ? 

If Congress had the power to diminish the President's 
salary, it would go far to destroy his independence. 

1008. Is the President allowed to receive any emolument besides 
his salary from the United States, or from any particular State, during 
his term of office ? 

1009. What is the present salary of the President of the United 
States in money ? 

1010. Does our nation furnish the President with a home, and any 
other expenses ? 

1011. What is the President's house called? 

1012. How is the salary of the President paid? 
The President's salary is paid monthly. 

1013. What is the present salary of the Vice-President? 

1014. What compensation does the Vice-President receive when 
he succeeds to the Presidency ? 

1015. What compensation would the President 'pro tempore of the 
Senate or the Speaker of the House of Eepresentatives receive if he 
should succeed the President? 

Clauses VIII. and IX. "Before he enter on the execution 
of his office, he shall take the following oath or affirmation: 'I 
do solemnly swear (or affirm), that I will faithfully execute the 
office of President of the United States, and luill, to the best of 
my ability, preserve, protect, and defend the Constitution of the 
United States:" [60.] 



QUESTIONS ON THE CONSTITUTION. 127 

1016. Define the words "enter," "execution" "office," " oatli," 
" affirmation," " swear," " affirm," " ability," " preserve," " protect," 
"defend," and "Constitution." 

1017. What oath or affirmation is required of the President before 
he enters on the execution of his office ? 

1018. Who administers the Presidential oath? 
The Chief-Justice of the Supreme Court. 

1019. When is the Presidential oath administered ? 

1020. Does the Vice-President take an oath similar to the Presi- 
dent's? 

1021. When the Vice-President succeeds the President, is it neces- 
sary for him to take the oath prescribed in the Constitution for the 
President ? 

Mr. Tyler did, although he deemed himself qualified to 
perform the duties and exercise the powers of the Presi- 
dent's office without any other oath than that Avhich he took 
as Vice-President. The same w^as done by Mr. Fillmore, 
Mr. Johnson, and Mr. Arthur. 

Section 11.— The President's Executiye Powers. 

Clause I. " The President shall he commander-in-chief of the 
army and navy of the United States, and of the militia of the 
several States, when called into the actual service of the United 
States ; he may require the opinion, in ivriting, of the principal 
officer in each of the executive departments, upon any subject 
relating to the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offences against the 
United States, except in cases of impeachment" [61.] 

1022. Define the words " President," " commander-in chief," " army," 
" navy," " militia," " actual," " opinion," " principal," " executive," 
"departments," "respective," "offences," and "impeachment." 

1023. Who is commander-in-chief of the army and navy of the 
United States? 

1024. Who commands the militia when in the actual service of the 
United States? 

1025. Why should the command of the army and navy be entrusted 
to tlie President rather than to Congress? 

Because military and naval operations require a degree 



128 HANDBOOK OF CIVIL GOVERNMENT. 

of promptitude and unity which could not be obtained in a 
numerous body like Congress. 

1026. Is it to be inferred from the Constitution that the President 
actually takes command of the army in person in time of war ? 

That is not the intention ; though he has the power, if so 
disposed. 

1027. In what sense is the President commander-in-chief of the 
army and navy ? 

He directs the application of military force, in the execu- 
tion of the laws, in maintaining peace at home, and in 
resisting foreign aggression. 

1028. Why is the President made commander-in-chief of the mil- 
itia when in the service of the United States? 

In order that there may be unity of action, training, and 
discipline. 

1029. Who are the Heads of Departments? 

The advisers of the President, collectively called his 
Cabinet. 

1030. What may the President require of the Heads of Depart- 
ments ? 

1031. Does the Constitution specify the power to establish Depart- 
ments as one of the powers of Congress ? 

No ; its language simply implies that such Departments 
would be established. 

1032. W^hat pardoning power is vested in the President? 

1033. What is a reprieve ? 

A reprieve is the temporary postponement of the execution 
of a sentence, especially of death. 

1034. What is a pardon ? 

A pardon is a full release from punishment, and the 
remission of penalties which would otherwise be inflicted. 

1035. In what case has the President no pardoning power ? 

1036. Has the President authority to pardon in case of contempt ? 
It is thought not, because it would tend to make the 

legislative bodies wholly dependent upon the President's 
good will and pleasure for the exercise of their own powers. 

1037. Can the President pardon before trial as well as after? 



QUESTIONS ON THE CONSTITUTION 129 

1038. Can the President grant a conditional pardon? 
The Supreme Court has decided that he can. 

1039. Does the pardoning power of the President include the power 
to restore a man to an office from which he may have been removed ? 

1040. Give an instance of the exercise of the pardoning power by 
the President. 

Clause II. " He (the President) shall have power, by and 
with the advice and consent of the Senate, to make treaties, 
provided two-thirds of the Seriators present concur; and he 
shall nominate, and by and with the advice and coiuent of the 
Senate, shall appoint ambassadors, other public ministers, and 
consuls, judges of the Supreme Court, and all other officers of 
the United States, whose appointments are not herein otherwise 
provided for, and which shall be established by law : but the 
Congress may by law vest the appointment of such inferior offi- 
cers, as they think proper, in the President alone, in the courts 
of law, or in the heads of Departments.^' [62.] 

1041. Define the words " power," "advice," "consent," "provided," 
"concur," "nominate," "appoint," "established," "law," "vest," 
" inferior," and " Departments." 

1042. What are treaties ? 

Treaties are agreements or contracts between two or more 
nations, entered into with proper formality, defining the 
rights of the respective parties with regard to trade, com- 
merce, boundaries, or any other subject of interest to the 
nations concerned. 

1043. By whom are treaties made ? 

1044. How is the President limited in the treaty-making power? 

1045. How large a vote of the Senate is necessary to confirm a treaty ? 

1046. Has a treaty ever been made by Congress in which the Pres- 
ident took no part ? 

1047. If a treaty made by the President and the Senate with a 
foreign power involve the payment of money, can Congress exercise 
any discretion as to the appropriation ? 

1048. How are treaties negotiated? 

By commissioners appointed for the purpose, or by ambas- 
sadors or other public ministers. 

I 



130 HAND-BOOK OF CIVIL GOVERNMENT. 

1049. How does the Senate discuss treaties ? 

In Executive session ; that is, with closed doors. 

1050. What officers are appointed by the President? 

1051. How is the appointing power of the President limited? 

1052. What provision is made in the Constitution for the appoint- 
ment of inferior officers ? 

1053. How large a vote in the Senate is necessary to confirm a 
nomination made by the President ? 

A majority. 

1054. Is any provision made in the Constitution for the removal of 
persons from office ? 

1055. To whom has the power of removal from office been given 
in practice ? 

To the President ? 

1056. How has the power of the President to remove from office 
been limited ? 

By an exception in favor of military and naval officers, 
and by an act regulating the tenure of civil officers. 

1057. What is an ambassador? 

A minister of the highest rank. 

1058. How is the word " minister " used in the Constitution ? 

It is a word used to designate a person appointed by the 
Government to represent it, and to manage its interests at 
the court or seat of government of some other power. 

1059. What is a consul ? 

A person commissioned to reside in a foreign country, as 
an agent or representative of a government, to protect the 
rights of its citizens, and assist in the transaction of commer- 
cial or diplomatic business. 

1060. Does the Constitution specify who are meant by "inferior 
officers"? 

1061. Are the Heads of Departments "inferior officers"? • 

1062. Which Department has the largest number of appointments 
vested in it ? 

1063. If Congress do not vest the appointment of inferior officers 
in the President alone, in the courts, or in the Heads of Departments, 
who would make the appointments ? 

Clause III. " The President shall have power to fill wp all 



QUESTIONS ON THE CONSTITUTION 131 

vacancies that may happen during the recess of the Senate hy 
granting commissions which shall expire at the end of their next 
session." [63.] 

1064. Define the words "vacancies," "recess," "commissions," "ex- 
pire," and " session." 

1065. What provision is made for vacancies which may happen 
during the recess of the Senate ? 

1066. For how long a time do commissions granted by the Presi- 
dent during the recess of the Senate continue ? 

1067. Why is it necessary to make some provision for temporary 
appointments by the President during the recess of the Senate ? 

As vacancies are continually occurring by death, resigna- 
tion, or otherwise, the operations of the Government would 
be liable to serious embarrassments, unless the Senate were 
kept in perpetual session. 

1068. If a person commissioned by the President in the recess of 
the Senate be nominated by the President and confirmed by the Senate 
at the next session, is this regarded as a new appointment ? 

Yes ; a new commission is issued, and if a bond had been 
given under the appointment during the recess, a new one is 
required. 

1069. K a vacancy should be filled by the President in the recess 
of the Senate, and the ofiicer thus appointed should be nominated to 
the Senate at their next session and should be rejected, could the 
President, after the re-adjournment of tlie Senate, reappoint the same 
person ? 

1070. If the Senate take no action on the nomination of the Presi- 
dent, who makes the appointment ? 

Section III.— President's Executive Duties. 

"He shall, from time to time, give to the Congress informa- 
tion of the state of the Union, and recommend to their consider- 
ation such measures as he shall judge necessary a7id expedient; 
he may, on extraordinary occasions, convene both Houses, or 
either of them, and in case of disagreement between them, with 
respect to the time of adjourjiment, he may adjourn them to such 
time as he shall think proper ; he shall receive ambassadors and 
other public ministers ; he shall take care that the laws be faith- 



132 HAND-BOOK OF CIVIL GOVERNMENT. 

fully executed, and shall commission all the officers of the United 
States." [64.] 

1071. Define the words "information," "State," "Union," "recom- 
mend," "consideration," "measures," "expedient," "extraordinary," 
"convene," "disagreement," "adjournment," "ambassadors," "public 
ministers," " commission," and " officers." 

1072. What information is the President required to give to Con- 
gress ? 

1073. What is the President required to recommend to the consid- 
eration of Ck)ngress ? 

1074. How often does the President send messages to Congress? 
Messages are sent at the beginning of each regular session 

of Congress, and special messages at any time that the Presi- 
dent may think the interests of the country require them. 

1075. How were the President's messages formerly delivered ? 

In a speech, to which reply was made by both Houses of 
Congress. 

1076. How are the President's messages now delivered? 

In the form of a written document, to which no answer is 
returned ? 

1077. What provision is made in the Constitution for extra sessions 
of Congress? 

1078. How often has the President exercised his authority to con- 
vene extra sessions of Congress ? 

1079. Can the President convene the Senate without calling to- 
gether the House of Representatives ? 

1080. Has any case yet arisen of disagreement between the two 
Houses of Congress in regard to the time of adjournment ? 

1081. For how long can the President adjourn Congress ? 

1082. To whom is given the power of receiving Ambassadors and 
other public Ministers? 

1083. What is the effect of receiving an Ambassador or other public 
Minister ? 

It is the same thing as recognizing the country from which 
such persons come as belonging to the great commonwealth 
of nations. 

1084. Does the power to receive involve the power to refuse to re- 
ceive, or to reject and dismiss, Ambassadors and other public Ministers? 

It does. 



QUESTIONS ON THE CONSTITUTION. 133 

1085. Does the President make or repeal laws ? 

1086. Does the President interpret the meaning of laws? 

1 087. Who is responsible for the execution of the laws of the United 
States? 

1088. What means of executing the laws are given to the President ? 
The army and navy, and, if need be, the militia, are under 

his orders ; and directly or indirectly all Executive offices 
are filled by men of his selection. 

1089. Who is required to commission all officers of the United States? 

1090. What is a commission? 

A formal certificate of appointment, reciting the powers 
conferred, and issued by the proper authority. 

Section IT.— Impeachment. 

" The President^ Vice-President, and all civil officers of the 
United States, shall be removed from office, on impeachment for y 
and conviction of, treason, bribery, or other high crimes and mis- 
demeanors." [65.] 

1091. Define the words "civil," "impeachment," "conviction," 
" treason," " bribery," " crimes," and " misdemeanors." 

1 092. What officers does the Constitution make liable to impeach- 
ment ? 

1093. Who are meant by civil officers of the United States? 
Officers deriving their appointments from the National 

Government. 

1094. Are members of Congress officers of the United States? 
It has been decided that they are not. 

1095. What officers of the United States are there besides civil 
officers? 

Military and Naval officers. 

1096. Are Military and Naval officers Uable to impeachment ? 
The Constitution does not forbid it ; but they are subject 

to the trial and decision of Court-Martial. 

1097. Give examples of civil officers of the United States. 

Heads of Departments, Judges of the Supreme Court, 
Marshals, Collectors, and District Attorneys. 

1098. For what offences are officers liable to impeachment? 
12 



134 



HAND-BOOK OF CIVIL GOVERNMENT. 



1099. What is the extent of the penalty in cases of impeachment ? 

1100. Where do impeachments originate? 

1101. By whom are impeachments tried? 

1102. Who presides when the President of the United States is 
impeached ? 

1103. Does the Constitution specify who "civil officers" are? 

1104. Can persons not in office be impeached? 

1105. How many cases of impeachment have been tried? 

1106. How many persons have been convicted of impeachment ? 



Blackboard Exercise, No, X. 



I. President. • 



Title. [63.] 
Term. [63.] 



3. Elation. 



.{: 



4. Electon 



[67.] 



By Electors. [95.] 
By House of Representatives. 
[95.] 

a. Number. [64.] 

b. Qualifications. [64.] 

c. When chosen. [66.] 

d. When they vote. [66.] 

!a. Nativity. 
6. Age. 
c. Eesidence. 

6. Removal. [68.] 

7. Compensation. [69.] 

8. Oath. [60.] 

{a. Army. 
b. Navy, 
c. Militia. [61.] 
a. Departments. [61.] 
6. Reprieves and Pardons. 
[61.] 

c. Treaties. [62.] 

d. Appointments. [62.] 

e. Vacancies. [63.] 



11. Duties. -{ 



10. Civil Powers. 



b. Meetings of Congress. 

c. Adjournment of Congress. 

d. Receptions. 

e. Execution of laws. 
_ /. Commissions. [64.] 

12. Impeachment. [66.] 



< 

Oh 
W 

o 



QUESTIONS ON THE CONSTITUTION, 135 



1. !ZV<fe. 

1 6. By Senate. [96.] 

3. Qualifications. [97.] 

4. ^tors. r«- When chosen. [64.] 

\b. When they vote. [56.] 

5. Removal. [58.] 

6. Compensation. [49.] 

7. Oath. [82.] 

8. Duties. [11, 12.] i 

9. Impeachment. [66.] 



II. Vice-Pkesident. 



AETIOLE III.-THE JUDICIAL DEPARTMENT. 
Section I.— United States Courts. 

" The Judicial power of the United States shall be vested in 
one Supreme Court, and in such inferior courts as the Congress 
may, from time to time, ordain and establish. The judges, 
both of the Supreme and inferior courts, shall hold their offices 
during good behavior, and shall, at stated times, receive for 
their services a compensation, which shall not be diminished 
during their continuance in office." [66.] 

1107. Define the words " Judicial," "vested," "Supreme," "in- 
ferior," "ordain," "establish," "stated," "compensation," "dimin- 
ished," and " continuance." 

1108. Where is the Judicial power of the United States vested? 

1109. How is the Supreme Court established? 
By the Constitution. 

1110. Who organizes the Supreme Court? 
Congress. 

1111. Why is the Supreme Court absolutely necessary? 

To insure uniformity in the interpretation of the laws. 

1112. What kind of Courts is Congress allowed to establish? 

1113. How many inferior Courts have been established by Con- 
gress? 

1114. How are the Judges of all the United States Courts ap- 
pointed ? 



136 HAND-BOOK OF CIVIL GOVERNMENT. 

1115. How long do Judges of the Supreme and inferior courts 
hold their oflBce ? 

1116. Why do Judges hold their office during good behavior? 

Otherwise they would be dependent upon the other de- 
partments of the Government, and, as a result, might be 
less independent in their decisions. 

1117. Are Judges paid for their services? 

1118. Can the salary of a Judge be diminished during his contin- 
uance in office ? 

1119. Why is Congress not allowed to change the salary of a Judge 
while he is in office ? 

Such a power would enable Congress to influence or over- 
awe the Judges. 

1120. What are the salaries of the various United States Judges at 
the present time ? 

1121. What provision has been made for retiring United States 
Judges ? 

Any Judge of any Court of the United States having 
held his commission ten years, and having attained the age 
of seventy years, may resign his office and receive the same 
salary during life which was payable to him at the time of 
his resignation. 

Section II.— Jurisdiction. 

Clause I. " The Judicial 'power shall extend to all cases, in 
law and equity, arising under this Constitution, the laws of the 
United States, and treaties made, or which shall be made, under 
their authority ; to all cases affecting ambassadors, other public 
ministers, and consuls ; to all cases of admiralty and maritime 
jurisdiction; to controversies to which the United States shall 
be a party; to controversies between two or more States, between 
a State and citizens of another State, between citizens of dif- 
ferent States, between citizens of the same State, claiming lands 
under grants of different States, and between a State or the citi- 
zens thereof, and foreign States, citizens, or subjects.'' [67.] 

1122. Define the words "extend," "equity," "Constitution," 



QUESTIONS ON THE CONSTITUTION. 137 

"laws," "treaties," '^ authority," " cases," "affecting," "ambassadors," 
" ministers," " consuls," " admiralty," " maritime," "jurisdiction," 
" controversies," " party," " citizens," " grants," and " subjects." 

1123. To what does this clause relate? 

To the extent of the jurisdiction of the United States 
Courts. 

1124. Name the different classes of cases over which the United 
States Courts exercise jurisdiction. 

1125. Has a Court any power in regard to a case before it is regu- 
larly brought before it ? 

1126. Can the Courts give information to Congress that a proposed 
law is unconstitutional ? 

1127. Can the Courts advise the President that a law already en- 
acted is in conflict with the Constitution ? 

1128. How is the word law generally understood? 

As the supreme power of the State, through its Legisla- 
ture, commanding what is right, and prohibiting what is 
wTong. 

1129. What is the object of equity jurisprudence ? 

To supply the deficiencies of the Courts of law, and to 
render the administration of justice more complete, by af- 
fording relief where the Courts of law are, for various reasons, 
unable to give it. 

1130. If a law of the United States is violated, where must the 
offender be tried ? 

1131. If a provision of the Constitution is neglected, and a citizen 
is thereby injured, where could he seek redress ? 

1132. Where are persons held responsible for disregarding the 
stipulations of treaties ? 

] 133. Where would mail robbery, evasion of the revenue laws, or 
counterfeiting the coin of the United States be tried ? 

1134. In what Courts are our Ambassadors, other public Ministers, 
and Consuls tried ? 

1135. To what laws are Ministers representing foreign countries 
amenable ? 

To the law of nations, and the laws of the States from 
which they are sent. 

1136. Where are cases of admiralty and maritime jurisdiction 
tried? 

12* 



138 HAND-BOOK OF CIVIL GOVERNMENT. 

1137. In what two ways may cases of admiralty and maritime 
jurisdiction arise? 

Either out of acts done at sea, or out of the rights -claimed 
under the laws of commerce. 

1138. Why should acts done at sea be tried by the National Courts? 
Because such acts involve questions of international law. 

1139. Why should rights claimed under the laws of commerce be 
tried by the National Courts ? 

Because the regulation of commerce is given exclusively 
to the General Government. 

1140. Where are cases to which the United States shall be a party 
tried ? 

1141. Where are controversies between two or more States tried? 

1142. Where are controversies between a State and citizens of 
another State tried ? 

1143. Where are controversies between citizens of the same State 
claiming lands under grants of different States tried ? 

1144. Who tries controversies between a State, or the citizens 
thereof, and foreign States, citizens, or subjects ? 

1145. Why should controversies involving States and citizens be 
tried in the National Courts ? 

Because, if they were tried in the State Courts, the several 
States might be inclined to favor themselves and their own 
citizens ; and if there were no impartial umpire to decide 
such cases, there might arise dissensions among the States, 
and collisions with foreign States. 

1146. When is a State a party to a suit? 

Only when it is named as such on the record. 

1147. Can a suit be brought against a State by a private citizen ? 
It could as the Constitution was at first, but an Amend- 
ment was afterwards adopted to prevent this. 

Amendment, Article XI. 

" The judicial power of the United States shall not he con- 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of 



QUESTIONS ON TEE CONSTITUTION 139 

another States or by citizens or subjects oj any foreign State" 
[94.] 

1148. Define the words "judicial," "power," "construed," "ex- 
tend," " suit," " law," *' equity," " prosecuted," " citizens," " subjects," 
and " State." 

1149. When was the Eleventh Amendment proposed ? 
March 5, 1794. 

1150. When was the Eleventh Amendment ratified? 
January 8, 1798. 

1151. Why was the Eleventh Amendment adopted? 

Because it was thought derogatory to State sovereignty to 
allow a State to be sued by a private citizen. 

1152. To what kind of suits does the judicial power of the United 
States not extend? 

1153. What is the disadvantage of the Eleventh Amendment? 
While it upholds the dignity of the States, it weakens the 

power of the national judiciary to do justice to the citizen, 
which is one of the great objects for which the Constitution 
was formed. 

1154. Does the word State used in the Eleventh Amendment and 
the clause which it amends, include the Territories and the District 
of Columbia? 

It is interpreted not to include them. 

1155. Can a citizen of a Territory, or of the District of Columbia, 
bring a suit in a United States Court ? 

He cannot. 

1156. Can a direct suit be brought against the United States either 
by a citizen or a State, without the authority of an act of Congress ? 

No ; but claims against the United States can be brought 
before the Court of Claims. 

1157. Are officers of the General Government liable to be sued 
for acts performed in the regular discharge of their official duties ? 

No ; to allow this would endanger all the operations of 
the Government. 

Clause II. " In all cases affecting ambassadors, other public 
ministers, and consuls, and those in which a State shall be a 



140 HAND-BOOK OF CIVIL GOVERNMENT. 

party, the Supreme Court shall have original jurisdiction. In 
all the other cases before mentioned, the Supreme Court shall 
have appellate jurisdiction, both as to law and fact, with such 
exceptions, and under such regulations, as the Congress-' shall 
make.'' [68.] 

1158. Define the words " cases," "affecting," "ambassadors," "min' 
isters," "consuls," "State," "party," "law," "fact," "exceptions," 
and " regulations." 

1159. To what does this clause relate ? 

To the jurisdiction of the Supreme Court. 

1160. What is meant by jurisdiction ? 

The power to hear and render judgment in a case. 

1161. What two kinds of jurisdiction has the Supreme Court? 

1162. What is original jurisdiction ? 

The right to hear and render judgment in a case in the 
first instance. 

1163. What is appellate jurisdiction ? 

The power to hear and deliver judgment in a case which 
has been brought up from a lower Court by appeal. 

1164. In what cases only may the Supreme Court have original 
jurisdiction ? 

1165. Can the original jurisdiction of the Supreme Court be en- 
larged or diminished ? 

It has been decided that it cannot. 

1166. In what cases does the Supreme Court have appellate juris- 
diction ? 

In cases of admiralty and maritime jurisdiction ; in con- 
troversies to which the United States shall be a party ; in con- 
troversies between citizens of different States ; and in contro- 
versies between citizens of the same State claiming lands 
under grants of different States. 

1167. How extensive is the appellate jurisdiction of the Supreme 
Court ? 

1168. How is the appellate jurisdiction of the Supreme Court lim- 
ited by Congress ? 

1169. How extensive would the appellate jurisdiction of the Su- 



QUESTIONS ON THE CONSTITUTION. 141 

preme Court have been, if Congress had not made exceptions and 
regulations in reference to it ? 

It would have extended to all cases coming under the 
cognizance of the National Courts, except those in which the 
Constitution had granted original jurisdiction. 

1170. In what cases has Congress provided for the exercise of the 
appellate jurisdiction of the Supreme Court ? 

Cases which involve the Constitution, laws, or treaties of 
the United States ; and which have been decided by and ap- 
pealed from the highest State Courts. 

1171. What two views are held as to the appellate jurisdiction of 
the Courts ? 

Some think that the Constitution gives Congress control 
of the whole matter ; others hold that the Constitution itself 
vests the judicial power of the nation in the Supreme Court, 
and such inferior courts as Congress may establish. 

1172. How often has Congress enacted laws which in the judgment 
of the Supreme Court conflicted with the Constitution ? 

Three times ; first, in the case of the judiciary act of 1789, 
authorizing the Supreme Courts to issue writs of mandamus ; 
second, in the case of the eighth section of the act known as 
the Missouri Compromise, passed in 1820 ; and third, in the 
case of an act passed in 1862, compelling all officers of the 
United States, including attorneys practising in United States 
Courts, to take a test oath. 

Clause III. " The trial of all crimes, except in cases of im- 
peachment, shall be by jury ; and such trial shall be held in the 
State where the said crimes shall have been committed; but 
when not committed udthin any State, the trial shall be at such 
place, or places, as the Congress may by law have directed." 
[69.] 

1173. Define the words " trial," " crimes," " cases," " impeachment," 
"jury," "State," "committed," "law," and "directed." 

1174. What mode of trying crimes is required by the Constitu- 
tion? 

1175. Are impeachments tried by jury ? 



142 HAND-BOOK OF CIVIL GOVERNMENT. 

1176. Where does the Constitution require the trial of crimes to be 
held? 

1177. When crimes are not committed within any State, who selects 
the place or places where such trials shall be held ? 

1178. Where are crimes tried which are committed at sea? 

1179. What is a trial by jury ? 

A trial by twelve men, impartially selected, who must 
agree as to the guilt of the person accused before he can 
be convicted. 

1180. Why should crimes be tried in the States where they have 
been committed ? 

1181. Must the verdict of a jury be unanimous? 

1182. How is the right of trial by jury generally regarded? 
As the greatest safeguard of personal liberty. 

Section III.— Treason. 

Clause I. ^^ Treason against the United States shall consist 
only in levying war against them, or in adhering to their ene- 
mies, giving them aid and comfort. No person shall be con- 
victed of treason, unless on the testimony of two witnesses to the 
same overt act, or on confession in open court." [70.] 

1183. Define the words "consist," "levying," "war," ''adhering," 
"aid," "comfort," "convicted," "testimony," "witnesses," "overt act," 
" confession," " open," and " court." 

1184. How does the Constitution define treason? 

1185. Why does the Constitution define the crime of treason? 
Because in times of political excitement acts of a much 

less heinous character have often been exaggerated and con- 
strued into the crime of treason. 

1186. What is necessary to convict a person of treason? 

1187. Why is the testimony of two witnesses required to convict 
of treason ? 

To protect the accused party against misrepresentation. 

1188. Why is there more danger of misrepresentation in cases of 
treason than in other crimes ? 

Because the charge is generally made by interested parti- 
sans, and in times of unusual excitement. 



QUESTIONS ON THE CONSTITUTION. 143 

1189. Why is it required that confession of treason should be made 
in open court ? 

To protect the accused against being ruined by hasty and 
unguarded expressions, and against being incorrectly re- 
ported. 

1 1 90. How is treason regarded ? 

As the worst crime that can be committed against society. 

1191. What famous case of treason was tried in 1807? 

1192. Is it treason to conspire to overthrow the Government, if war 
is not actually levied ? 

It is not. 

Clause II. "T^e Congress shall have power to declare the 
punishment of treason, hut no attainder of treason shall work 
corruption of blood, or forfeiture, except during the life of the 
person attainted.' ' [71.] 

1193. Define the words "power," "declare," "punishment," "trea- 
son," "attainder," "corruption," "blood," "forfeiture," and "attainted." 

1194. What is the difference between "A Congress "and "The 
Congress " ? 

1195. Who declares the punishment of treason ? 

1196. How is Congress limited in declaring the punishment of 
treason ? 

1197. What is meant by an attainder of treason? 
Conviction of the crime of treason. 

1 198. What is meant by corruption of blood ? 

One whose blood is corrupted cannot inherit property from 
others, nor transmit an inheritance to his children. 

1199. How far may Congress declare an estate forfeited ? 

1200. What has Congress declared the punishment of treason to 
be? 

Death by hanging. 

1201. If the clause in reference to the power of Congress to declare 
the punishment of treason had been omitted from the Constitution, 
would Congress still have had the power ? 

1202. If the property of a traitor has been confiscated, must it be 
restored to his heirs at his death ? 

1203. Can treason be committed against a particular State? 



144 



HAND-BOOK OF CIVIL GOVERNMENT. 



Blackboard Exercise, No, XI» 



[ I. Where Vested. { 1' Supreme Court. 

II. Judges. I l-J^^"^^- 
12. Cc 



2. Inferior Courts. [66.] 



2. Compensation. [66.] 

1. Cases in law and equity. 

2. Diplomatic cases. 

3. Admiralty and Maritime cases. 

III. Jurisdiction. ■{ 4. National controversies. 

5. Inter-State complications. 

6. Individual cases. 

7. Original and Appellate. [67.] 

IV. Amendment. — Suits against States. [94.] 

{1. By Jury. 
2. Exception. 
3. Place. [68, 69.] 

1. Definition. [70.] 

2. Conviction. [70.] 



VI. Treason. 



3. Punishment. | f ' Refined by Congress. 
'.6. Limitation. [71.] 



AKTIOLE IV.-EELATIONS OF STATES. 

Section I. — Public Records, 

"Full faith and credit shall be given in each State to the pub- 
lic acts, records, and judicial proceedings of every other State. 
And the Congress may, by general laws, prescribe the manner 
in which such acts, records, and proceedings shall be proved, and 
the effect thereof ." [72.] 

1204. Define the words "faith," "credit," "acts," "records," "ju- 
dicial," "proceedings," "laws," "prescribe," "proved," and "efiect." 

1205. What force does the Constitution require to be given to the 
acts, records, and judicial proceedings of the several States? 

1206. Who prescribes the manner in which the acts, records, and 
judicial proceedings of the several States shall be proved, and the 
effect thereof? 

1207. What is meant by full faith and credit? 

It means that credit which the State itself gives to its 
acts, records, and judicial proceedings when proven. 



QUESTIONS ON THE CONSTITUTION. 145 

1208. What are public acts ? 

Legislative acts, and the enacted laws of a State. 

1209. What are records ? 

The registration of deeds, wills, legislative journals, etc. 

1210. What are judicial proceedings ? 

The proceedings, judgments, orders, etc., of Courts. 

1211. How are the acts of a Legislature of a State authenticated ? 
By its seal. 

1212. How are the records of a Court proved? 

By the attestation of the Clerk and the seal of the Court 
annexed (if there be one), with the certificate of the Judge. 

1213. What would be the consequence of not giving the acts, records, 
and judicial proceedings of each State full faith and credit in every 
other State ? 

When a legal investigation and decision had been made in 
one State, it might be necessary to repeat the same in every 
State to which the parties should go. 

Section n. — Rights in one State of Citizens of Another. 

Clause I. " The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States." [73.] 

1214. Define the words "citizens," "entitled," "privileges," "im- 
munities," and "several." 

1215. How does the Fourteenth Amendment describe citizens? [99.] 

1216. When a citizen removes from one State to another, does he 
forfeit any of the privileges and immunities of citizenship ? 

1217. What is the object of this clause ? 

To prevent the States from giving unjust preferences to 
their own citizens. 

1218. What would be the effect of giving State preferences? 
Alienations and discontents. 

1219. Can a person be a citizen of the United States, and not of 
any particular State? 

1220. Where a man becomes a resident of a State, does he become 
a citizen of it also ? 

1221. Can a man moving from one State to another claim privileges 
and immunities which were peculiar to the State which he left ? 

13 K 



146 



HAND-BOOK OF CIVIL GOVERNMENT. 



1222. Does this clause provide that the person and property of a 
citizen of one State shall be secure in every other State ? 

1223. Has this clause of the Constitution always been respected ? 

1224. Why was the Civil Eights Bill passed by Congress? [99.] 

1225. Why was the Fourteenth Amendment adopted ? [99-102.] 



Clause II. " Jl person charged in any State with treason, 
felony, or other crimen who shall flee from justice, and he found 
in another State, shall, on demand of the executive authority of 
the State from which he fled, he delivered up, to he removed to 
the State having jurisdiction of the crime'' [74.] 

1226. Define the words "charged," "treason," "felony," "crime," 
"justice," "demand," "executive," "authority," "delivered," "re- 
moved," " State," and "jurisdiction." 

1227. To what does this clause relate ? 

To the restoration of fugitive criminals. 

1228. What provision is made in the Constitution for the restora- 
tion of fugitive criminals ? 

1229. Has a State any authority beyond its own limits? 

1230. Upon whom is the demand for the restoration of a fugitive 
criminal to be made ? 

Congress provided in 1793 that it should be made on the 
executive authority of the State to which the criminal has 
fled. 

1231. With what document must the demand for the restoration of 
a fugitive criminal be accompanied ? 

A copy of the indictment found, or an affidavit made be- 
fore a magistrate, and certified as authentic by the Governor 
making the demand. 

1232. By whose order is the arrest of a fugitive criminal made ? 
By order of the Governor of the State to which the crim- 
inal has fled. 

1233. To whom are fugitive criminals delivered when arrested ? 
To the agent of the State from which the criminal fled. 

1234. Who bears the expenses connected with the arrest of fugitive 
criminals ? 

The State from which the escape was made. 



l^ 



QUESTIONS ON THE CONSTITUTION. 147 

1235. Can a fugitive from justice be arrested and detained prior to 
the demand of the Governor of the State from which he fled ? 

1236. What is extradition ? 

The giving up by one nation of a fugitive from justice 
escaping into another nation, in consequence of express 
treaty stipulations. 

1237. With what nations have we extradition treaties? 

Clause III. " No person held to service or labor in one State, 
under the laws thereof, escaping into another, shall, in conse- 
quence of any law or regulation therein, he discharged from 
such service or labor, but shall he delivered up on claim of the 
party to whom such service or labor may he due" [75.] 

1238. Define the words "person," "service," "labor," "laws," "reg- 
ulation," "discharged," "delivered," "claim," "party," and "due." 

1239. To what does this clause relate ? 

To the restoration of persons held to service or labor. 

1 240. What provision did the Constitution make concerning fugi- 
tives from service? 

1241. Who were meant by fugitives from service? 

1242. How has this clause been affected by the Thirteenth Amend- 
ment to the Constitution ? [98.] 

Section III.— New States and Territories. 

Clause I. ^^ New States may be admitted by the Congress 
into this Union ; but no new State shall he formed, or erected, 
ivithin the jurisdiction of any other State ; nor any State he 
formed, by the junction of two or more States, or parts of States, 
without the consent of the Legislatures of the States concerned, as 
well as of the Congress.'' [76.] 

1243. Define the words " States," " admitted," " Congress," " Union," 
"formed," "erected," "jurisdiction," "junction," "consent," "Legisla- 
tures," and " concerned." 

1244. To what does this clause relate ? 

To the organization of new States, and their admission 
into the Union. 



^ 



148 HAND-BOOK OF CIVIL GOVERNMENT. 

1245. What Department of Government has the power of admit- 
ting new States into the Union ? 

1246. In what two cases is Congress denied the power of admitting 
a new State into the Union ? 

1247. Can a new State be formed or erected within the jurisdiction 
of any other State ? 

1248. What is necessary before a new State can be formed by the 
junction of two or more States, or parts of States ? 

1249. Has any new State ever been formed within the limits of the 
Union by the junction of two or more States? 

1250. Which State was formed by the dismemberment of another? 

1251. How many new States have been admitted into the Union? 

1252. Which was the first new State admitted into the Union? 

1253. Which was the last State admitted into the Union ? 

1254. Is any new State at present seeking admission into the 
Union ? 

1255. Is Congress compelled to admit States into the Union ? 

1256. Can Congress compel the people of a Territory to become a 
State? 

Clause II. " The Congress shall have power to dispose of 
and make all needful rules and regulations respecting the ter- 
rito7'y, or other property, belonging to the United States; and 
nothing in this Constitution shall be so construed as to pre- 
judice any claims of the United States, or of any particular 
Stater [77.] 

1257. Define the words "Congress," "power," "dispose," "rules," 
" regulations," " respecting," " territory," " property," " Constitu- 
tion," "construed," "prejudice," "claims," and "particular." 

1258. To what does this clause relate? 

To the disposal and government of the Territories of the 
United States. 

1259. Who has the power to dispose of territory belonging to the 
United States ? 

1260. What is meant by "other property" belonging to the United 
States? 

1261. Who makes all needful rules and regulations respecting the 
territory and other property belonging to the United States ? 

1262. What limitation is put upon the power of Congress over the 
Territories by the Constitution ? 



QUESTIONS ON THE CONSTITUTION. 149 

1263. Wliat was the reason for limiting the power of Congress over 
the Territories ? 

At the time of the adoption of the Constitution, there 
were in the Western Territory certain contested titles, which, 
however, have since been settled. 

1264. Can the United States acquire territory as well as govern it? 

1265. What is a Territory? 

A part of the domain of the United States considered as 
the name of the country, but not in the Union in the sense in 
which a State is. 

1266. Of what does the government of a Territoiy usually con- 
sist? 

It includes a Legislature chosen by the people, a Governor 
appointed by the President and Senate, and judges appointed 
in the same manner. 

1267. When a citizen of a State goes to reside in a Territory, does 
he leave behind him his civil rights as well as his political privi- 
leges ? 

1268. Is a State compelled to remain a State ? 

1269. Can a State become a Territory again ? 

Section IT.— Protection Afforded to the States by the Nation. 

" The United States shall guarantee to every State in this 
Union a republican foim of government, and shall protect each 
of them against invasion ; and on application of the Legislature, 
or of the executive {when the Legislature cannot be convened), 
against domestic violence.'* [78.] 

1270. Define the words "guarantee," "State," "Union," "republi- 
can," "form," "government," "protect," "invasion," "application," 
"Legislature," "executive," "convened," "domestic," and "violence." 

1271. W^hat kind of government does the United States guarantee 
to every State in the Union ? 

1272. Does the Constitution define a republican government? 

No. The National Government may be regarded as the 
model for the States. 

1273. What is a republic? 
13* 



150 HAND-BOOK OF CIVIL GOVERNMENT. 

1274. What would be the result, if one State were allowed to adopt 
a form of government different from that of all the other States ? 

It might endanger the liberties of all. 

1275. For whom is the guarantee of a republican form of govern- 
ment in all the States principally intended ? 

For the people of each State, to secure them against the 
introduction of principles of government which are incon- 
sistent with the purposes for which the Union was estab- 
lished. 

1276. Is any particular department of our Government charged 
with the duty of guaranteeing every State in the Union a republican 
form of government ? 

No. This is the only instance in the Constitution where the 
Government has a duty enjoined upon it, while the particu- 
lar department is not mentioned ; but the Supreme Court has 
held that Congress is to decide what government is the estab- 
lished one in a State. 

1277. How are the States of the Union protected against invasion? 

1278. How are the States of the Union protected against domestic 
violence ? 

1279. What action on the part of a State is necessary before it can 
obtain the assistance of the United States against domestic violence ? 

1280. What is meant by domestic violence ? 
Insurrections or riots. 

1281. Have any of our States ever needed protection against in- 
vasion? 

1282. Have any States ever asked the assistance of the United 
States against domestic violence ? 

1283. What was the form of government of the States compositig 
the "Southern Confederacy"? 

1284. How were the governments of the seceded States recon- 
structed ? 

1285. How were the seceded States governed during their recon- 
struction ? 

1286. Have any States been admitted into the Union twice ? 

1287. Who decided whether the new governments of the recon- 
structed States were republican or not ? 



QUESTIONS ON THE CONSTITUTION. 151 

Blackboard Eocerdse, JVb. XTI, 

[ 1. Acts. r 

State Ke- j 2. Records. J a. Faith and Credit. 

LATIONS. j 3. Judicial Proceed- \ b. Proof and Effect. 



ings. [72.] [ 

{1. Common Privileges. [73.] 
2. Kestoration of Fugitives. [74.] 
3. Kestoration of Slaves. [75.] 
{1. Admission. 
. ca.Jn another State. 
' ( b. By junction of States. [76.] 
IV. Territory and Property C 1. Sale. 

OF United States. i 2. Government. [77.] 

V. State Guar- f !• Republican Govei-nment. [78.] 

antee. ] 2. Protection. \ ""' ^^^^^^ Invasion. 

^ i b. Domestic Violence. [78.] 



W 



AKTIOLE V. 
POWEE OP AMENDING THE CONSTITUTION. 

"The Congress, whenever two-thirds of both Houses shall 
deem it necessary, shall propose amendments to this Constitu- 
tion, or, on the application of the Legislatures of two-thirds of 
the several States, shall call a convention for proposing amend- 
ments, which, in either case, shall he valid to all intents and 
purposes, as part of this Constitution, when ratified by the 
Legislatures of three-fourths of the several States, or by conven- 
tions in three-fourths thereof, as the one or the other mode of 
ratification may be proposed by the Congress; Provided, that 
no amendment, which may be made prior to the year one thou- 
sand eight hundred and eight, shall, in any manner, affect the 
first and fourth clauses in the ninth section of the first article ; 
and that no State, without its consent, shall be deprived of its 
equal suffrage iti the Senate.'' [79.] 

1288. Define the words "deem," "propose," "amendments," "Con- 
stitution," " application," " Legislatures," " several," " convention," 
"valid," "intents," "purposes," "ratified," "prior," "affect," "clauses," 
"section," "article," "consent," "deprived," and "suflBrage." 



152 HAND-BOOK OF CIVIL GOVERNMENT. 

1289. For what does this article provide? 

The mode of making amendments to the Constitution. 

] 290. Why was it thought necessary to provide for amending the 
Constitution ? 

Because the Constitution was an experiment, and its prac- 
tical working could not be foreseen with certainty. 

1291. What would be the consequence of having a Constitution 
which could not be amended ? 

If any of its provisions worked badly, or if changes of 
circumstances rendered amendments necessary, which could 
not be made, the Constitution would cease to be effective, or 
would be entirely broken up by a revolution. 

1292. What should be guarded against in providing for amend- 
ments to the Constitution ? 

The mode of making them should not be so easy as to 
lead to frequent changes without serious consideration. 

1293. In what two ways may amendments to the Constitution be 
proposed ? 

1294. When may Congress by itself propose amendments to the 
Constitution ? 

1295. When shall Congress call a convention for proposing amend- 
ments to the Constitution ? 

1296. In what two ways may an amendment be ratified? 

1297. By whom is the mode of the ratification of amendments to 
the Constitution proposed ? 

1298. What proportion of the States must ratify an amendment to 
the Constitution before it is declared adopted ? 

1299. What is the efiect of an amendment to the Constitution when 
it has been proposed and properly ratified ? 

1300. What temporary limitation was made to the power of amend- 
ing the Constitution ? 

1301. To what do the first and fourth clauses of the Ninth Section 
of Article I. of the Constitution refer ? 

1302. What permanent limitation was made to the power of amend- 
ing the Constitution ? 

1303. Can Congress by its own action alone amend the Constitu- 
tion? 

1304. How many amendments to the Constitution have been pro- 
posed ? 



» 



QUESTIONS ON THE CONSTITUTION. 153 

1305. By what mode have all the amendments to the Constitution 
been proposed ? 

By the first mode. 

1306. How many of the proposed amendments to the Constitution 
have been ratified ? 

1307. By what mode have all the amendments thus far ratified 
been adopted ? 

By the first mode. 

1308. When an amendment has been proposed by two-thirds of 
both Houses of Congress, is the approval of the President necessary ? 

For the most part they have not been submitted to the 
President for approval. 

1309. Can a State withdraw its ratification of an amendment to 
the Constitution ? 

Congress has decided that it cannot. 

1310. In a time of rebellion, is the ratification of a proposed amend- 
ment by the Legislatures of three-fourths of the loyal States sufficient 
to make the amendment valid ? 

Ck)ngress has decided by its action that it is. 

ARTICLE VI -NATIONAL DEBTS: SUPREMAOY OP 
NATIONAL LAW: OATH. 

Clause I. *^All debts contracted^ and engagements entered 
into, before the adoption of this Constitution, shall be as valid 
against the United States, under this Constitution, as under the 
Confederation." [80.] 

1311. Define the words " debts," " contracted," " engagements," " en- 
tered," "adoption," "Constitution," "valid," and "Confederation." 

1312. To what does this clause relate ? 

To the assumption by the United States of the debts con- 
tracted under the Confederation. 

1313. Who engaged to pay the debts owed by the United States at 
the time of the adoption of the Constitution ? 

1314. Were the debts of the Confederation fully paid under the 
Constitution ? 



154 HAND-BOOK OF CIVIL GOVERNMENT. 

1315. What is the acknowledged law of nations in reference to a 
nation's debts when a change takes place in its government ? 

That the obligation of a nation to pay its debts continues, 
notwithstanding any changes in its form of government. 

1316. Why was it deemed advisable, in adopting the Constitution, 
to promise to pay the debts contracted under the Confederation ? 

To allay any fears which might be felt by the public cred- 
itors. 

1317. What was the amount of the debt of the United States at the 
time of the adoption of the Constitution ? 

^ Clause II. "T/iis Constitution^ and the laws of the United 
States which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the Uni- 
ted States, shall be the supreme law of the land; and the judges 
in every State shall be bound thereby, anything in the Co7isti- 
tution or laws of any State to the contrary notwithstanding." 
[81.] 

1318. Define the words "Constitution," "laws," "pursuance," 
"treaties," "authority," "supreme," "bound," and "contrary." 

1319. What two different Constitutions are referred to in this 
clause ? 

1320. What difference would it make in the meaning of the clause 
to place a comma after the second use of the word Constitution? 

1321. What does the Constitution declare to be the supreme law 
of the land ? 

1322. What provision is made in the Constitution to secure the 
efficacy of the supreme law of the land ? 

1323. Are State judges bound by the Constitution of the United 
States ? 

1324. Are treaties made by the United States binding upon the sev- 
eral States ? 

1325. What is the effect of laws made in pursuance of the Consti- 
tution of the United States ? 

1326. Is the supremacy of the National Government over the 
State Governments distinctly affirmed in the Constitution? 

1327. How is Congress guided in its legislation? 
By the Constitution only. 



v" 



QUESTIONS ON THE CONSTITUTION 155 

1328. How are State Legislatures guided in their legislation ? 

By the National Constitution ; by the laws enacted by Con- 
gress ; and by their own State Constitutions. 

1329. How long is a law of the United States binding? 

Until it is repealed, or declared unconstitutional by the 
proper tribunal. 

1330. Has a State ever tried to nullify the laws of the Union ? 
An attempt was made in South Carolina, in 1832, but the 

effort was promptly suppressed by President Jackson. 

1331. Was the secession of the slave-holding States a violation of 
the supreme law of the land ? 

Clause III. " The Senators and Representatives before 
mentioned, and the members of the several State Legislatures, 
and all executive and judicial officers, both of the United States 
and of the several States, shall be bound, by oath or affirmation, 
to support this Constitution ; but no religious test shall ever be 
required as a qualification to any office or public trust under 
the United States." [82.] 

1332. Define the words "Senators," " Kepresentatives," "execu- 
tive," "judicial," "bound," "oath," "affirmation," "support," "Con- 
stitution," "test," "qualification," "office," and "trust." 

1333. Who are required to bind themselves by oath or affirmation 
to support the Constitution of the United States ? 

1334. Why are State officers bound to support the Constitution of 
the United States ? 

Because the State Governments have a necessary and im- 
portant agency in carrying the Constitution of the United 
States into effect. 

1335.* Give an example of a case in which the action of the State 
Government is necessary to the operations of the National Govern- 
ment. 

The election of United States Senators depends, in all 
cases, upon the action of the State Legislatures. 

1336. What prohibition does the Constitution make in regard to 
religious tests ? 



166 HAND-BOOK OF CIVIL GOVERNMENT. 

1337. Does the Constitution provide for universal toleration in 
regard to religion ? 

1338. Is an oath or affirmation a religious test ? 

1339. Why is the choice of an oath or affirmation given in the Con- 
stitution ? 

1340. From what offices is a man shut out who refuses to take the 
oath or affirmation required by the Constitution ? 

1341. Does the Constitution of the United States prescribe the 
form of oath or affirmation to be taken by officers other than the 
President ? 

No. An act of Congress passed in 1789 prescribed the fol- 
lowing oath : " I, A. B., do solemnly swear, or affirm (as the 
case may be), that I will support the Constitution of the 
United States." 

1342. Has any stronger oath ever been required? 

AETIOLE VII. 

ESTABLISHMENT OP THE CONSTITUTION. 

\^ 

" The ratification of the Conventions of nine States shall be 
sufficient for the establishment of this Constitution between the 
States so ratifying the same." 

1343. Define the words "ratification," "Conventions," "sufficient," 
" establishment," " Constitution," and " States." 

1344. What was necessary for the establishment of the Constitu- 
tion? 

1345. Would the ratification of the Constitution by only nine 
States have made it binding upon the other four States? 

It would not. 

1346. On whom only did the ratification of the Constitution make 
it binding ? 

Only upon the States so ratifying it. 

1347. By how many of the States was the Constitution ratified 
before it went into operation ? 

By eleven. 

1348. Which of the States did not adopt the Constitution till after 
it had gone into operation ? 

Rhode Island and North Carolina. 



QUESTIONS ON THE CONSTITUTION. 



157 



1349. What would have been the relations of Ehode Island and 
North Carolina, if they had finally refused to ratify the Constitution? 

It has generally been thought that these two States, and 
any others which had refused to ratify the Constitution 
after nine States had done so, would not have been 'consid- 
ered independent sovereign States, outside of the Union, but 
Territories under the Union. 



Blackboard JExercise, Ko, XIIT, 



Constitutional 
Amendment. 



II. National Debt. 



III. National Law. 



IV. Oath of Office. 



I h. By State Conventions 

2. Ratification. 

3. imitation. J «• Temporary. 

\ 6. Permanent. [79.] 
[80.] 
. Constitution. 
Laws under it. 
3. Treaties of United States. [81.] 
r 1. Members of Congress. 
J 2. Members of State Legislatures. 
I 3. Executive Oflficers. 
t 4. Judicial Officers. [82.] 



1' 



V. 
VL 



Eeligious Test. 

Ratification of Constitution. 



[83.] 



14 





Amendments 

TO THE CONSTITUTION. 

Note.— The first Twelve Amendments were adopted in a body, immediately 
after the Constitution went into effect. The first ten were in the nature of a 
supplement, or Bill of Rights ; the eleventh and twelfth were alterations. 



AKTIOLE I.-FEEEDOM OF EELIGION, OP SPEECH, AND 
OF THE PRESS : RIGHT OF PETITION. 

" Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof, or abridging 
the freedom of speech, or of the press ; or the right of the peo- 
ple peaceably to assemble, and to petition the Government for a 
redress of grievances.'' [84.] 

1350. When were the first ten Amendments proposed ? 
September 25, 1789. 

1S51. When were the first ten Amendments ratified? 
December 15, 1791. 

1352. What is the nature of the first ten Amendments? 
They constitute a " Bill of Rights." 

1353. What is a " Bill of Rights" ? 

A statement of the rights deemed most important to the 
liberty of the people. 

1354. Do the first ten and other Amendments have the same force 
as the original Constitution? 

Yes ; but Congress decided that they should not be incor- 
porated into the text of the Constitution, but be appended 

to it, as a series of distinct provisions. 

158 



AMENDMENTS TO THE CONSTITUTION. 159 

1355. How many Amendments in all have been ratified? 

1356. How many Amendments have been proposed but not ratified? 
Four. Two of these were proposed by the First Congress ; 

one by the Eleventh ; and one by the Thirty-sixth. 

1357. What was the object of each of these unratified Amendments? 

1358. Does the First Amendment impose any restraint upon the 
action of the States ? 

1359. Does any one of the first ten Amendments refer to the States? 

1360. Do the State Constitutions contain provisions similar to those 
of the first ten Amendments ? 

Yes. 

1361. What two prohibitions are placed upon Congress in reference 
to religion ? 

1362. How is Congress restricted in regard to freedom of speech 
and of the press? 

1363. What control has Congress over the right of the people to 
assemble, and petition the Government ? 

1364. Have we ever had an established religion in the United 
States? 

1365. Is there any direct acknowledgment of God in the Constitu- 
tion? 

1366. Has any effort been made to insert an acknowledgment of 
God in the Constitution ? 

1367. Is God recognized in our coinage ? 

1368. Do legal documents ever contain any recognition of God? 

1369. What is meant by freedom of speech or of the press? 

The right to speak or publish whatever is not damaging 
to private rights, and which does not disturb the public peace 
or tend to overthrow the Government. 

1370. Can a man say what he pleases ? 

1371. Define "slander" and "libel." 

1372. How might the right to assemble have been denied to the 
people without the First Amendment ? 

Under the pretence of preventing insurrection. 

ARTICLE II.-THE EIGHT TO BEAE AEMS. 
" A well-regulated militia being necessary to the security of a 
free State, the right of the people to keep and bear arms shall 
not be infringed" [85.] 



160 HAND-BOOK OF CIVIL GOVERNMENT. 

1373. Define the words "militia," "security," "arms," and "in- 
fringed." 

1374. When was the Second Amendment proposed ? 

1375. When was the Second Amendment ratified ? 

1376. Upon what principle is the Second Amendment based? 

1377. What right does the Second Amendment secure? 

1378. For whose benefit was the Second Amendment adopted ? 

1379. What is meant by the right to keep arms ? 

The right to own and use on the proper occasions warlike 
weapons. 

1380. What led to the adoption of the Second Amendment? 

The fear that ambitious men might, by the aid of the reg- 
ular army, overthrow the liberties of the people and usurj) 
the powers of the Government. 

1381. What are some of the advantages of maintaining the militia? 
A certain amount of military organization among the 

people, and a large quantity of arms always on hand. 

1382. Does the Second Amendment give the people the right to 
carry deadly weapons ? 

AKTIOLE III. 
QUAETEEINa OP SOLDIERS IN PRIVATE HOUSES. 

" No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner ; nor, in time of war, 
hut in a manner to he prescrihed hy law." [86.] 

1383. When was the Third Amendment proposed? 

1384. When was the Third Amendment ratified ? 

1385. What is meant by quartering soldiers in a house ? 
Stationing them there for lodging and subsistence. 

1386. Who are included in the word " owner " ? 

The occupants of the house for the time being, as well as 
the person to whom the house actually belongs. 

1387. Under what circumstances may soldiers be so quartered ? 

1388. From what did the Third Amendment originate ' 

From the custom which has often prevailed in times of 
violence of billeting soldiers upon private citizens, without 
regard to the rights or conveniences of the latter. 



V 



AMENDMENTS TO THE CONSTITUTION. 161 

1389. How was this custom complained of in the Declaration of 
Independence ? 

1390. Why are soldiers allowed to be so quartered in time of war 
in a manner prescribed by law ? 

ARTICLE IV.-SEAEOH-WARRANTS. 

"The tight of the people to he secure in their persons, 
houses, papers, and effects, against unreasonable searches and 
seizures, shall not he violated ; and no warrants shall issue, hut 
upon prohahle cause, supported hy oath or affirmation, and 
particularly describing the place to be searched, and the per- 
sons or things to he seized." [87.] 

1391. Define the words "persons," "papers," "effects," "searches," 
"issue," "cause," "oath," and " aflarmation." 

1392. When was the Fourth Amendment proposed ? 

1393. When was the Fourth Amendment ratified ? 

1394. To what extent are the people secured by the Fourth Amend- 
ment ? 

1 395. Against what are the people secured by the Fourth Amend- 
ment? 

1396. How are warrants legally issued? 

1397. What must they contain? 

1398. What is the object of the Fourth Amendment? 

The protection of the citizens against general and illegal 
warrants. 

1399. What is a search-warrant ? 

A paper issued by a Court, directing a person's premises 
to be searched, because it is suspected that there is stolen 
property there, or property subject to duty. 

1400. What is a seizure ? 

The taking of such property, or the arrest of the person, 
by an officer regularly appointed for that purpose. 

AETIOLE V -OEIMINAL OHARGES. 

" No person shall he held to answer for a capital or other- 
wise infamous crimCt unless on a presentment or indictment of 
14* L 



162 



HAND-BOOK OF CIVIL GOVERNMENT. 



a grand jury, except in cases arising in the land or naval 
forces, or in the militia, when in actual service, in time of war, 
or public danger ; nor shall any person he subject, for the same 
offence, to be twice put in jeopardy of life or limb ; nor shall be 
compelled in any crimhial case to be a witness against himself, 
nor be deprived of life, liberty, or property, without due pro- 
cess of law ; nor shall private property be taken for public use, 
without just compensation" [88.] 

1401. Define the words "jeopardy," "process," and "compensa- 
tion." 

1402. When was the Fifth Amendment proposed? 

1403. When was the Fifth Amendment ratified ? 

1404. What is a capital crime ? 

One which subjects the offender to the punishment of 
death. 

1405. What is an infamous crime ? 

One that subjects the criminal to the hatred of mankind, 
and to humiliating punishment more or less severe. 

1406. What is a presentment ? 

An accusation made by the grand jury from their own 
knowledge or observation, or from evidence presented to 
them. 

1407. What is an indictment ? 

A formal accusation drawn up by the proper officer 
charging offences against i^ertain parties. 

1408. What is a grand jury ? 

A body of men, not less than twelve nor more than twenty- 
three in number, selected as prescribed by law, to make in- 
quiry into all offences committed within the district, and to 
make presentment of the ^ame. 

1409. How are the proceedings of the grand jury usually con- 
ducted ? 

In secret. 

1410. Is the accused called to defend himself before the grand 
jury ? 

No ; nor is he allowed the opportunity to do so. 



AMENDMENTS TO TEE CONSTITUTION. 163 

1411. What is done with the indictment of a grand jury ? 

It is delivered to the Court under whose jurisdiction the 
jury are acting, and a warrant issued for the arrest of the 
person indicted. 

1412. How is tlie indictment of a grand jury endorsed ? 
With the words " A true bill." 

1413. Does a presentment always lead to an indictment ? 

1414. Are persons brought to trial without an indictment ? 

1415. What class of crimes is exempt from this mode of proceeding? 

1416. How are such cases always tried? 

1417. Can a person who has been acquitted or convicted be tried a 
second time for the same offence ? 

1418. Can a pei-son be obliged to testify against himself? 

1419. Against what losses are criminals secured ? 

1420. What provision does the Fifth Amendment make concern- 
ing private property ? 

1421. When is a second trial for the same offence prohibited? 
When, by the verdict of the jury, a man has been regularly 

acquitted or convicted and judgment has been pronounced. 

1422. Under what circumstances can persons be tried again ? 

If the jury do not agree, or are discharged before render- 
ing a verdict, or if judgment be arrested after a verdict, or 
Si new trial be granted at the request of the person charged 
with crime. 

1423. What provision is made for the compensation of private 
property used for public purposes ? 

The property is purchased at the price set by the owner, 
or by a jury selected to assess damages. 

ARTICLE VL-OEIMINAL PROOEEDINGS. 

" In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the 
State and district wherein the crime shall have been committed, 
which district shall have been previously ascertained by law, 
and to be informed of the nature and cause of the accusation; 
to be confronted with the witnesses against him ; to have com- 



164 



HAND-BOOK OF CIVIL GOVERNMENT. 



piUsory process for obtaining witnesses in his favor; and to 
have the assistance of counsel for his defence." [89.] 

1424. Define the words ^' prosecutions," " accused," "jury," " accu- 
sation," " confronted," " compulsory," and " counsel." 

1425. When was the Sixth Amendment proposed ? 

1426. When was the Sixth Amendment ratified ? 

1427. To what does the Sixth Amendment relate ? 

1428. May the trials of accused persons be delayed? 

1429. Are they conducted in private ? 

1430. By whom shall accused persons be tried ? 

1431. What provision is made in regard to the district in which 
accused persons are tried ? 

1432. Of what has the accused the right to be informed ? 

1433. What right has an accused person in regard to the witnesses 
against him ? 

1434. How is an accused person enabled to obtain witnesses in his 
favor ? 

1435. Are all accused persons represented by counsel ? 

1436. Why should the trial of accused persons be speedy ? 

To prevent long and unnecessary imprisonment before the 
trial, and to avoid difficulty in obtaining witnesses. 

1437. Why should the trial of accused persons be public? 
To insure fairness and impartiality. 

1438. What kind of jury is referred to in the Eighth Amend- 
ment ? 

A petit jury, consisting of twelve men, against whom no 
legal objection can be raised. 

1439. What is meant by an impartial jury ? 

A jury made up of persons who have not already formed 
an opinion of the prisoner's innocence or guilt, and who are 
willing to be guided in their decision by the evidence offered. 

1440. Why is the district from which the jury is selected ascer- 
tained by law ? 

To secure regularity and impartiality in the administra- 
tion of justice. 

1441. How is the accused informed of the nature and cause of the 
accusation against him? 



AMENDMENTS TO THE CONSTITUTION. 165 

By an indictment, which is a written accusation, made by 
the grand jury, on oath, at the request of the Government. 

1442. Of what is the grand jury composed ? 

1443. What must the, indictment of the grand jury state? 

The time, place, nature, and circumstances of the offence. 

1444. Can a man be compelled to testify against himself under our 
Constitution ? 

1445. Why should the accused be confronted with the witnesses 
against him? 

1446. To what extent is an accused person furnished with the 
means of obtaining witnesses in his favor ? 

He has the aid of the Government in compelling their at- 
tendance and providing the necessary expense. 

1447. What counsel is an accused person entitled to ? 

A professional lawyer, attorney, or advocate, who under- 
stands the examination of witnesses and the defense before 
the jury. 

1448. How is the Sixth Amendment an evidence of the progres- 
siveness of our Government ? 

There was no such provision in the common law of Eng- 
land, and before the accession of William and Mary, in 
1688, persons arrested for a capital crime were entitled nei- 
ther to witnesses nor counsel. 

1449. Is the Sixth Amendment operative in all its provisions where 
martial law has been proclaimed ? 

AETIOLE VII.-JUKY TEIAL IN OIYIL OASES. 

"Jti suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be 
preserved ; and no fact tried by a jury shall be otherwise re- 
examined in any court of the United States, than according to 
the rules of the common law." [90.] 

1450. Define the words "suits," "controversy," and "jury." 

1451. When was the Seventh Amendment proposed? 

1452. When was the Seventh Amendment adopted ? 

1453. To what kind of suits is the Seventh Amendment limited ? 



166 HAND-BOOK OF CIVIL GOVERNMENT. i 

1454. What does the Seventh Amendment require ? 

1455. What does the Seventh Amendment prohibit? 

1456. What does the term " common law " include ? 
Common law includes principles, usages, and rules of 

action applied to the government and security of persons and 
property, which do not rest for their authority upon any ex- 
pressed declaration of the will of the Legislature. 

1457. Upon what is common law based ? 

Upon the sanction of the Courts of justice, without any 
legislative act or interference. 

1458. What is a statute law? 

A statute law is a special legislative enactment upon any 
subject. 

1459. Is any provision made in the Constitution for civil actions? 

No ; this Amendment was intended to supply that defi- 
ciency. 

1460. What cases are not affected by this Amendment? 

Cases tried in Courts of admiralty and maritime jurisdic- 
tion, and cases of equity. 

1461. Why is the sum of twenty dollars fixed as a limit? 
Because matters of less importance would not warrant the 

expense of a jury trial. 

1462. What provision does the Seventh Amendment make for the 
re-examination of cases ? 

1463. How are cases which have been tried re-examined ? 

By a successful motion for a new trial, on cause shown ; or 
by a writ of error, or by appeal to a higher Court. 

AETIOLE VIII.-EXOESSIVE PUNISHMENT. 

" Excessive bail shall not be required, nor excessive fines im- 
posedj nor cruel and unusual punishment inflicted." 

1464. Define the words "excessive," "imposed," and "inflicted.'' 

1465. When was the Eighth Amendment proposed ? 

1466. When was the Eighth Amendment ratified ? 

1467. To what does the Eighth Amendment relate ? 

1468. What does the Eighth Amendment prohibit? j^ 



AMENDMENTS TO THE CONSTITUTION. 167 

1469. For whose benefit was the Eighth Amendment adopted ? 

1470. What is "bail"? 

It here means a sum of money pledged as a surety that 
an accused person will appear before a Court at the proper 
time, and stand his trial and its consequences. 

1471. What is the writing given in such cases called? 
A bail-bond. 

1472. What crimes are bailable ? 

All except those punished by death. 

1473. What is a fine ? 

A fine is the sum of money which a Court compels a 
person to pay for the commission of a criminal offence or 
breach of law. 

1474. When are fines imposed ? 
After trial and conviction. 

1475. Does the Eighth Amendment apply to the State Govern- 
ments ? 

The Courts have decided that it does not. 

1476. Was the Eighth Amendment necessary ? 

1477. What period of the world's history is suggested by the refer- 
ence to " cruel and unusual punishments " ? 

1478. Has torture ever been resorted to under our Government? 

AKTIOLE IX -EIGHTS OP PEOPLE NOT l^AMEB. 

^ " The enumeration in the Constitution of certain rights shalt 
not he construed to deny: or disparage others retained by: the 
people:' [92.] 

1479. Define the words "enumeration," "rights," "construed," and 
" disparage." 

1480. When was the Ninth Amendment proposed ? 

1481. When was the Ninth Amendment ratified? 

1482. To what does the Ninth Amendment relate? 

1483. For whose benefit was the Ninth Amendment adopted ? 

1484. Was it possible to make a complete enumeration of rights in 
the Constitution ? 

It was not.- 



168 HAND-BOOK OF CIVIL GOVERNMENT. 

1485. What inference had been drawn from some of the preceding 
Articles ? 

That the National Government had the power to do any-- 
thing which it was not expressly prohibited to do. 

1486. What was the object of the Ninth Amendment ? 

To declare that rights not definitely mentioned are not on 
that account to be denied to the people. 

1487. Was the Ninth Amendment actually necessary ? 

No ; because the Constitution is itself a " Bill of Eights," 
being founded upon the power of the people. 

1488. What rights are always retained by the people ? 

Such as are not expressly, or by necessary implication, 
taken away. 

ARTICLE X.-POWEES EESERVED TO THE STATES. 

" The powers not delegated to the United States by the Con- 
stitution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people." [93.] 

' 1489. Define the words "delegated" and "respectively." 

1490. When was the Tenth Amendment proposed by Congress ? 

1491. When was the Tenth Amendment ratified by the States? 

1492. To what does the Tenth Amendment relate? 

1493. What unsuccessful motion was made when the Tenth Amend- 
ment was under consideration in Congress ? 

To insert the word " expressly " before " delegated." 

1494. What is the meaning of the Tenth Amendment ? 
Whatever powers have not been given to the National 

Government, nor denied to the States, may be exercised by 
the States. 

1495. What powers may States insert in their Constitutions ? 
Any power not already inserted by the whole people in 

the Constitution of the United States, and not forbidden by 
the whole nation to be placed in a State Constitution. 

1496. What was the object of the Tenth Amendment ? - 

It was intended to be a rule of interpretation, in all cases 
of doubtful right, between State and National authority. 



\^ 



AMENDMENTS TO THE CONSTITUTION 169 

1497. Are all the powers of the National Government expressed in 
the Constitution ? 

They are not. 

1498. Give examples. 

The power to provide for the general welfare, and the 
power to regulate commerce. 

1499. What does a power conferred always imply ? 

The right to adopt all the means necessary to make such 
power effective. 

Article XI., being an amendment limiting in a certain case the juris- 
diction of the Judiciary, was treated of under that head. [68.] 

Article XII., being an amendment in regard to the mode of electing 
President and Vice-President, was treated of under the head of the 
Executive Department. [55.] 



AETIOLE XIIL-ABOLITION OF SLAVERY. 

Section I. ^'Neither slavery nor involuntary servitude, ex- 
cept as a punishment for crime, whereof the party shall have 
been duly convicted, shall exist within the United States or any 
place subject to their jurisdiction. 

Section II. " Congress shall have power to enforce this article 
by appropriate legislation.'' [98.] 

1500. Define the words "involuntary," "convicted," and "jurisdic- 
tion." 

1501. When was the Thirteenth Amendment transmitted to the 
States by Congress ? 

January 31, 1865. 

1502. When was the Thirteenth Amendment ratified by the States? 

1503. To what does the Thirteenth Amendment relate ? 

1504. What does the Thirteenth Amendment prohibit ? 

1505. What exception does the Thirteenth Amendment contain ? 

1506. Does the Thirteenth Amendment apply to Territories as 
well as States ? 

1507. Does the word slavery occur in any other clause of the Con- 
stitution ? 

1508. How is the idea expressed in other places ? 
15 



170 HAND-BOOK OF CIVIL GOVERNMENT. 

1509. Had any Amendment been previously proposed by Congress 
in reference to the abolition of slavery ? 

Yes ; an Amendment was proposed, but not ratified, which 
prohibited Congress from interfering with the domestic in- 
stitutions of any State, including that of persons held to 
labor or service by the laws of the said State. 

1510. When was slavery abolished in the District of Columbia? 
April 16, 1862. 

1511. When was slavery abolished in the Territories? 
June 19, 1862. 

1512. When did the President proclaim all slaves in seceded States 
to be free ? 

January 1, 1863. • 

1513. Were the slave-holders paid for the slaves who were freed? 

1514. Were slaves enlisted as soldiers during the Civil War ? 

1515. Name the slave-holding States. 

1516. Was it necessary to give Congress special power to enforce 
the Thirteenth Amendment ? 

No. Congress had the same power to enforce this as any 
other provision of the Constitution. 

ARTICLE XIV. 
Section I.— Ciyil Rights. 

Section I. ^'All persons horn or naturalized in the United 
States, and subject to the jurisdiction thereof , are citizeyis of the. 
United States and of the State wherein they^ reside. N.O' Stater 
shall make or enforce any taw which shall abridge the privileges, 
or immunities of citizens of the United States;, nor shall aiiy 
State deprive any person of life, liberty, or property, without due 
process of law, nor deny to any person within its jurisdiction 
the equal protection of the laws." [99.] 

1517. Define the^ words "naturalized," "subject," "jurisdiction,"' 
'^ immunities," and " process." 

1.518.. Of what Amendment is this clause a part ? 

1519. When wa# the Fourtejenith Ameodment propos^ by Coa-. 



AMENDMENTS TO THE CONSTITUTION. 171 

June 16, 1866. 

1520. When was the Fourteenth Amendment declared to be a part 
of the Constitution ? 

July 21, 1868, by the action of Congress. 

1521. How does the Fourteenth Amendment define a citizen ? 

1522. What three things does the Fourteenth Amendment prohibit 
the States from doing ? 

1523. What was the object of the Fourteenth Amendment ? 

To make sure the citizenship of those who had been re- 
cently freed from slavery. 

1524. Was this really necessary ? 

It was thought by some that as aliens become citizens by 
naturalization, so slaves become citizens by emancipation, 
and that the Civil Rights Bill conferred upon freedmen all 
the rights, and made them liable to all the obligations of 
citizens. 

1525. When was the Civil Eights Bill passed? 
In April, 1866. 

1526. Is the language of the Fourteenth Amendment limited to 
the protection of the colored population ? 

1527. How have the provisions of the Fourteenth Amendment 
been enforced ? 

By an act passed in April, 1871. 

1528. What was this act entitled? 

It was styled an act to secure the proper enforcement of 
the provisions of the Fourteenth Amendment. 

1529. Why was this act passed ? 

In consequence of the failure of some of the States to 
afford to citizens the protection required by the Constitution. 

1530. What does this act provide ? 

That in case any portion or class of the people, through 
unlawful combinations or conspiracies in any State, are de- 
prived of their rights, and the State authorities are unable 
or refuse to afford protection, this shall be deemed a denial 
by the State of tlie equal prote_Qtipn. of tke l^ws required by 
this Amendeuent^ 



172 HAND-BOOK OF CIVIL GOVERNMENT. 

1531. What has been the result of this act? 

The President suspended the writ of habeas corpus in cer- 
tain counties, and suppressed combinations. 

1532. Name some of the privileges secured to colored persons by 
the Fourteenth Amendment which they did not enjoy before its 
adoption. 

Section n.— Apportionment of Bepresentatiyes. 

Section II. "Representatives shall he apportioned among the 
several States according to their respective numbers, counting 
the whole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for the 
choice of Electors for President and Vice-President of the Uni- 
ted States, Representatives in Congress, the executive and 
judicial officers of a State, or the members of the Legislature 
thereof is denied to any of the male inhabitants of such State, 
being twenty-one years of age, and citizens of the United States, 
or in any way abridged, except for participation in rebellion or 
other crime, the basis of representation therein shall be reduced 
in the proportion which the number of such male citizens shall 
bear to the whole number of male citizens, twenty-one years of 
age, in such State." [100.] 

1533. Define the words "apportioned," "Electors," and "citizens." 

1534. Of what Amendment is this clause a part? 

1535. To what does this clause of the Fourteenth Amendment 
relate ? 

1536. How were Eepresentatives apportioned before the adoption 
of the Fourteenth Amendment ? 

1537. What led to the adoption of the clause amending the appor- 
tionment of Eepresentatives ? 

The abolition of slavery. 

1538. How had slaves been counted in the apportionment of Rep- 
resentatives ? 

1539. What was the object of the clause amending the apportion- 
ment of Representatives ? 

To prevent the former slave States from having larger 



AMENDMENTS TO THE CONSTITUTION. 173 

delegations in Congress in proportion to the number of voters 
than the original free States. 

1540. Does the clause amending the apportionment of Kepresenta- 
tives require the States to allow negroes the right of suffrage ? 

1541. What does this clause imply the condition of suffrage to be? 
That all male inhabitants who are citizens, and twenty- 
one years of age, may vote. 

1542. Can States prescribe other qualifications ? 

Yes ; such as the ability to read and write, or the posses- 
sor of a certain amount of property. 

1543. Does this Amendment establish the principle of woman suf- 
frage ? 

1544. Does the conferring of citizenship confer the right of voting? 

1545. Are women allowed to vote in any of the States or Terri- 
tories? 

1546. Are women ever voted for as candidates for ofl&ce ? • 

1547. What provision has been made for the enforcement of this 
Amendment ? 

An act of Congress passed February 2, 1872. 

Section m.— Political Disabilities. 

Section 3. " No person shall be a Senator or Representative 
in Congress, or Elector of President and Vice-President, or hold 
any office, civil or military, under the United States, or under 
any State, who, having previously taken an oath as a member 
of Congress, or as an officer of the United States, or as a mem- 
ber of any State Legislature, or as an executive or judicial offi- 
cer of any State, to support the Constitution of the United States, 
shall have engaged in insurrection or rebellion against the same, 
or given aid or comfort to the enemies thereof. But Congress 
may, by a vote of two-thirds of each House, remove such disa- 
bility:' [101.] 

1548. What is the object of this clause? 

To prevent National and State officers who had sworn to 
support the Constitution, and then engaged in rebellion, horn. 
again holding office. 
15- 



174 HAND-BOOK OF CIVIL GOVERNMENT/ 

1549. How could this disability be removed ? 

1550. Would not the President's power to grant pardons include 
such cases? 

1551. When was the President first authorized to issue proclama- 
tions of amnesty ? 

July 17, 1862. 

1552. By what President was this done ? 

1553. Was it afterwards done by any other President? 
Yes ; by President Johnson. 

1554. When was such authority withdrawn by Congress? 
In January, 1867. 

1555. Was this withdrawal respected ? 

No. President Johnson issued other proclamations, even 
after the ratification of the Fourteenth Amendment. 

1556. Were such proclamations legal? 

1557. Does the Fourteenth Amendment repeal the President's par- 
doning power so far as it applies to the cases named in it ? 

1558. How else have the disabilities mentioned in this clause been 
removed ? 

By separate acts of Congress applied to persons mentioned! 
by name. 

1559. What general act was passed by Congress in 1872? 

An act removing such disabilities from all except Senators 
and Representatives of the Thirty -sixth and Thirty-seventh 
Congresses ; judicial, military, and naval officers of the United 
States ; heads of Departments, and Foreign Ministers of the 
United States. 

1560. Are these classes stiU excepted ? 

1561. Name persons whose disabilities were removed, and who 
afterwards held State or National offices. 

Section IT.— Public Debt. 

^ Section 4. " The validity of the public debt of the United 
States, authorized by law, including debts incurred for payment 
of pensions, and bounties for services in suppressing insurrection 
or rebellion, shall not be questioned. But neither the United 
States nor any State shall assume or pay any debt or obligation 



%/ 



AMENDMENTS TO THE CONSTITUTION. 175 

ineurred in aid of insurrection or rebellion against the United 
States, or any claim for the loss or emancipation of any slave, 
hut all such debts, obligations, and claims shall be held illegal 
and void. 

^ Section 5. " Congress shall have power to enforce, by appro- 
prlate legislation, the provisions of this article." [102.] 

1562. To what debt does this clause particularly refer ? 
The debt incurred in suppressing the Civil War. 

1563. To what else does it relate ? 

To all public debts of the United States. 

1564. What prohibition does this clause contain ? 

1565. Is the prohibition confined to any particular rebellion or in- 
surrection ? 

1566. Why was this measure adopted ? 

As a security against the action of those who had again 
been admitted to the State and National Legislatures. 

1567. Was the debt of the Southern Confederacy ever paid ? 

1568. Have its bonds any marketable value? 

1569. What is the present amount of the debt of the United States ? 

1570. How is it secured ? , 

AKTIOLE XV -EIGHT OP SUPFRAGE. 

Section 1. " The right of citizens of the United States to vote 
shall not be denied or abridged by the United States, or by any 
State, on account of race, color, or previous condition of servi- 
tude. 

Section 2. " Congress shall have power to enforce this article 
by appropriate legislation.'' [103.] 

1571. To what does the Fifteenth Amendment relate? 

1572. When was the Fifteenth Amendment proposed by Congress? 
February 27, 1869. 

1573. When was the Fifteenth Amendment ratified ? 
March 30, 1870. 

1574. Was the right of suffrage intended to be secured by any pre- 
yioiifl Amendment ? 



176 HAND-BOOK OF CIVIL GOVERNMENT. 

1575. Why was the right of suffrage extended to the colored race? 
Because it was considered necessary for their safety and 

for the prosperity of the nation. 

1 576. What is the difference between the Fourteenth and Fifteenth 
Amendments? 

The Fourteenth Amendment declared the colored race to 
be citizens, and in this way gave them civil rights ; while the 
Fifteenth secures them suffrage, and thus bestows upon them 
political rights. 

1577. Does the Fifteenth Amendment imply that all citizens pos- 
sess the right to vote ? 

1578. Can the right to vote be .denied for any other reasons than 
those mentioned in the Fifteenth ilmendment ? 

1579. Could educational or property qualifications be justly re- 
quired, if such qualifications affected all voters alike ? 

1580. Does the Fifteenth Amendment establish universal suffrage ? 

1581. Does the right to vote imply the right to be voted for ? 

1582. Are the qualifications of voters defined by the States, or by 
the National Government ? 

1583. Distinguish between naturalization and the right to vote. 

1 584. Are States required to give naturalized foreigners the right 
to vote ? 

1585. Do any States allow aliens to vote ? 

1586. Give instances of the election of colored persons to National 
or State offices. 

1587. What were the 13th, 14th, and 15th Amendments the result 
of? 

The Civil War. 

1588. What effect did they have? 

They raised the negro to a legal equality with the white 
man. 

1589. How do the last three Amendments differ from the others? 
They are binding on the States as well as on the National 



! Government. 



1590. How has the Fifteenth Amendment been enforced ? 
In May, 1870, Congress passed a stringent law " to enforce 
the right of the citizens of the United States to vote." 



AMENDMENTS TO THE CONSTITUTION. 



Vll 



Blackboard Exercise, No, XIV. 



I. Popular Rights. 



II. 



Right of 
Security. 



1. Freedom of Religion. 

2. Freedom of Speech. 

3. Freedom of Press. 

4. Right to Assemble. 

5. Right of Petition. [84.] 

1. By Militia. [85.] 

2. Against billeted Soldiery. [86.] 

3. Against Searches and Seizures. [87.] 
. 4. Illegal Warrants. [87.] 

1. Indictment. 1. Jury Trial. 

2. Exception. 2. Accusation. 

3. Second Trial. 3. Witnesses. 

4. Self-Accusation. 4. Counsel. 

5. Deprivation. 5. Jurisdiction. 

6. Confiscation. [88.] 6. Re-examination. 
7. Bail. [89.] 

IV. Reserved Rights. [92.] 
V. Reserved Powers. [93.] 
VI. Abolition of Slavery. [98.] 
1. Definition. 



III. Judicial 
Rights. 



VII. 



Right of Cit- 
izenship. 



2. State Obligations. [99.] 

3. Basis of Representation. [100.] 

4. Disability of Officers. [101.] 
. 5. Public Debt. [102.] 

VIII. Right of Suffrage. [103.] 



Blackboard Exercise, No, XV, 



8 



THE ENACTING CLAUSE. 



ARTICLE I. 
Legislative Department. 



M 



' 1. House of Representatives. 

2. Senate. 

3. Both Houses. 

4. The Houses Separately. 

5. Privileges and Disabilities 

of Members. 

6. Mode of Passing Laws. 

7. Powers granted to Congress. 

8. Powers denied to U. S. 

L 9. Powers denied to States. 



178 



HAND-BOOK OF CIVIL GOVERNMENT, 



ARTICLE II. 
Executive Department. 

ARTICLE in. 

JUDICIAIi DePABTMENT. 



ARTICLE IV. 
States and Territories. 



1 3. 



President and Vice-President. 

Powers of the President. 
I 3. Duties of the President. 
[4. Impeachmentof the President. 

1. United States Courts. 
Jurisdiction. 
Treason. 

' 1. State Records. 

2. Privileges of Citizens. 

3. New States and Territories. 

4. Guarantee to the States. 

ARTICLE V. Power op Amendment. 

' 1. Public Debt. 
ARTICLE VI. 2. Supremacy of Constitution. 

General Provisions. 3. Oath of Office. 
. 4. Religious Test. 
ARTICLE Vn. Ratification of the Constitution. 

1. Freedom of Religion, Speech, 
and Press. 

2. Right to bear Arms. 

3. Quartering soldiers on citizens. 

4. Search-Warrants. 

5. Trials for Crime. 

6. Rights of Accused Persons. 

7. Suits at Common Law. 

8. Excessive Bail. 

9. Reserved Rights and Powers. 

10. Abolition of Slavery. 

11. Civil Rights. 

12. Apportionment of Represen- 
tatives. 

13. Political Disabilities. 

14. Public Debt. 

15. Right of Sufirage. 



AMENDMENTS. 




Department Officers and Duties. 



1591. How many Heads of Departments are there? 
There are seven Heads of Departments. 

1592. How are the Heads of Departments appointed ? 

They are appointed by the President, by and with the con- 
sent of the Senate. 

1593. Are the Departments of Government defined in the Consti- 
tution ? 

These Departments are not defined in the Constitution, but 
it takes their establishment for granted. 

1594. By what names are the Heads of Departments called? 
The Heads of Departments are called the Secretary of 

State, the Secretary of the Treasury, the Secretary of War, 
the Secretary of the Navy, the Secretary of the Interior, 
the Postmaster-General, and the Attorney-General. There 
is also a Commissioner of Agriculture. 

1595. What are Bureaus ? 

Bureaus are the subordinate or special departments into 
which the main departments are divided for the proper 
classification and transaction of different kinds of business 
claiming attention. 

1596. When was the Department of State established? 

The Department of State was created by the Act of Sep- 
tember 15, 1789, previous to which it was called the De- 
partment of Foreign Affairs. 

179 



180 HAND-BOOK OF CIVIL GOVERNMENT. 

1597. How does the Secretary of State rank ? 

The Secretary of State is usually considered as ranking 
next to the President of the United States. 

1598. What are the duties of the Secretary of State ? 

The Secretary of State is charged, under the direction 
of the President, with the correspondence concerning public 
Ministers and Consuls, and the representatives of foreign 
powers, and negotiations relating to the foreign affairs of the 
United States. He is also the medium of correspondence 
between the President and the chief executives of the sev- 
eral States ; he has charge of the national seal, and counter- 
signs and affixes such seal to all executive proclamations, 
to commissions, warrants, and extradition papers. He is also 
the custodian of treaties and the laws, grants and issues pass- 
ports, publishes the laws and resolutions of Congress, amend- 
ments to the Constitution, arid proclamations declaring the 
admission of new States into the Union. He is also charged 
with certain annual reports to Congress relating to commercial 
information received from diplomatic and consular officers. 

1599. How is the Secretary of State assisted ? 

The Secretary of State has an Assistant, who becomes 
Acting-Secretary of State in the absence of his chief. There 
are also Second and Third Assistants, and a Chief Clerk. 

1600. What is the salary of the Secretary of State ? 

He receives a salary of eight thousand dollars a year. 
The other members of the Cabinet receive the same salary. 

1601. Who is the present Secretary of State? 

1602. When was the Treasury Department established? 
The Treasury Department was established in 1789. 

1603. What is the salary of the Secretary of the Treasury ? 

1604. What are the duties of the Secretary of the Treasury ? 

He has charge of the national finances. He digests and 
prepares plans for the improvement and management of the 
revenue and support of the public credit ; he superintends 
the collection of the revenue, and prescribes the form of 
keeping and rendering all public accounts, and making re- 



DEPARTMENT OFFICERS AND DUTIES. 181 

turns ; grants all warrants for money to be issued from the 
Treasury, in pursuance of appropriations by law ; makes re- 
port and gives information to either branch of Congress, as 
may be required, respecting all matters referred to him by 
the Senate or House of Representatives ; controls the erec- 
tion of public buildings, the coinage, printing, and engraving 
of money, the collection of commercial statistics, the marine 
hospitals, the revenue-cutter and the life-saving service. 
Under his direction the Light-house Board discharges the 
duties relative to the construction, illumination, inspection, 
and superintendence of light-houses, light-vessels, beacons, 
buoys, sea-marks, and their appendages; makes provision 
for the payment of the public debt under enactments of 
Congress, and publishes statements concerning it, and sub- 
mits to Congress, at the commencement of each session, esti- 
mates of the probable receipts, and of the required expendi- 
tures for the fiscal year. 

1605. How is the Secretary of the Treasury assisted ? 

The Secretary of the Treasury has the aid of two Assist- 
ants, a First and Second Comptroller, and six Auditors. 

1606. What are the duties of the Treasurer of the United States? 
The Treasurer of the United States is charged with the 

custody of all public moneys received at the Treasury at 
Washington, or in the Sub-Treasuries at Boston, New York, 
Philadelphia, Baltimore, Charleston, Cincinnati, St. Louis, 
and San Francisco, or in the depositories and depository 
banks ; disburses all public moneys upon the warrants of 
the Secretary of the Treasury, and upon the warrants of 
the Postmaster-General ; issues and redeems Treasury notes ; 
is agent for the redemption of the circulating notes of 
National banks, and of bonds held as security for public 
deposits ; is custodian of Indian trust funds ; is agent for 
paying the interest of the public debt, and the salaries of 
the members of the House of Representatives. 

1607. What are the principal officers connected with the United 
States Treasury ? 

10 



182 HAND-BOOK OF CIVIL GOVERNMENT. 

The principal officers of the United States Treasury, besides 
the Treasurer, are the Register of the Treasury, the Comp- 
troller of the Currency, the Solicitor, the Commissioner of In- 
ternal Revenue, and the Superintendent of the Coast Survey. 

1 608. Who is the present Secretary of the Treasury ? 

1609. When was the War Department created? 

The War Department, as created by Act of Congress, 
August 7, 1789, had also the superintendence of Naval 
Affairs. A separation took place in April, 1798, when a 
Navy Department was established. 

1610. What are the duties of the Secretary of War? 

He performs such duties as the President of the United 
States, who is Commander-in-Chief, may enjoin upon him 
concerning military service, and has the superintendence of 
the purchase of army supplies, transportation, etc. 

1611. How is the Secretary of War assisted in the performance of 
his duties? 

The Secretary of War is assisted by a Chief Clerk and the 
chiefs of the military bureaus, who are officers of the regular 
army, and part of the military establishment. These officers 
are the Adjutant-General, the Inspectai*-General, the Quar- 
termaster-General, the Commissary-General, the Surgeon- 
General, the Paymaster-General, the Chief of Engineers, the 
Chief of Ordnance, the Judge-Advocate General, and the 
Chief Signal officer ; the appropriate duties of each officer 
being indicated by his title. 

1612. What is the salary of the Secretary of War? 

1613. Who is the present Secretary of War? 

1614. Where is the United States Military Academy ? 

1615. When was the Department of the Navy established ? 

The Department of the Navy was established by Act of 
Congress, April 30, 1798. 

1616. What are the duties of the Secretary of the Navy? 

The Secretary of the Navy performs such duties as the 
President of the United States, who is Commander-in-Chief 
of the Navy, may assign him ; and has the general auper- 



DEPARTMENT OFFICERS AND DUTIES. 183 

vision of the construction, manning, armament, equipment, 
and employment of vessels of war. 

1617. How is the Secretary of the Navy assisted in the perform- 
ance of his duties? 

He has the assistance of a Chief Clerk, and various other 
Chiefe of Bureaus, who are officers of the United States 
Navy, and a part of the naval establishment. 

1 618. What is the salary of the Secretary of the Navy ? 

1619. Who is the present Secretary of the Navy? 

1620. Locate the United Stales Navy- Yards. 

1621. Where is the United States Naval Academy? 

1622. When was the Department of the Interior established? 
The Department of the Interior was established by Act 

of Congress, March 3, 1849. 

1623. What is the chief officer of the Department of the Interior 
called ? 

The chief officer of the Department of the Interior is 
called the Secretary of the Interior. 

1624. What are the duties of the Secretary of the Interior? 

The Secretary of the Interior is charged with the super- 
vision of public business relating to patents and inventions ; 
pensions and bounty-lands ; the public lands, including 
mines ; the Indians, education, the census, when directed by 
law ; the custody and distribution of public documents ; and 
certain hospitals and institutions in the District of Colum- 
bia. He also exercises certain powers and duties in relation 
to the Territories of the United States. 

1625. How is the Secretary of the Interior assisted? 

The Secretary of the Interior has an Assistant Secretary 
and Chief Clerk, and also a Commissioner of Patents, a Com- 
missioner of Pensions, a Commissioner of the General Land 
Office, a Commissioner of Indian Affairs, a Commissioner of 
Education, and a Superintendent of the Census. 

1626. What is the salary of the Secretary of the Interior? 

1627. Who is the present Secretary of the Interior? 
1^8. When was the Post-Office Department established ? 

The Post-Office Department was continued by an Act of 



184 HAND-BOOK OF CIVIL GOVERNMENT. 

Congress passed September 22, 1789, which provided for the 
temporary establishment of the Post-Office, the regulations 
to be the same as they last were under the resolutions and 
ordinances of the late Continental Congress. In 1792, an 
act was passed to establish a general Post-Office. This act 
was limited to two years. In 1794, a similar act was passed, 
which has no limitation of time. 

1629. Who is the principal officer of the Post-Office Department? 
The afiairs of the Post-Office Department are under the 

direction of the Postmaster-General. 

1630. What are the duties of the Postmaster-General ? 

The Postmaster-General has the direction and manage- 
ment of the Post-Office Department. He appoints all offi- 
cers and employes of the Department, except the three 
Assistants of the Postmaster-General, who are appointed by 
the President, by and with the advice and consent of the 
Senate; appoints all Postmasters whose compensation does 
not exceed one thousand dollars ; makes postal treaties with 
foreign Governments, by and with the advice and consent 
of the President ; awards and executes contracts, and directs 
the management of the domestic and foreign mail service. 

1631. What is the salary of the Postmaster-General? 

1632. When was the Postmaster-General first recognized as a mem- 
ber of the Cabinet ? 

The Postmaster-General was first admitted to meetings of 
the Cabinet in the year 1829, under the administration of 
President Jackson. 

1633. Why is the office of Postmaster-General a peculiarly impor- 
tant one ? 

1634. Who is the present Postmaster-General? 

1635. When was the Department of Justice established ? 

The Department of Justice was created by act of Congress, 
June 22, 1870. 

1636. When was the office of Attorney-General created? 

The office of Attorney-General was created in 1789 ; and 
this officer without a " Department " has always been recog- 
nized as a member of the Cabinet. 



DEPARTMENT OFFICERS AND DUTIES. 185 

1637. How were the duties of the Attorney-General defined by the 
Act of 1789 ? 

By Act of September 24, 1789, it was made the duty of 
the Attorney-General to prosecute and conduct all suits in 
the Supreme Court in which the United States should be 
concerned, and to give his advice and opinion upon ques- 
tions of law when required by the President, or Avhen re- 
quested by the Heads of the Departments touching any mat- 
ters concerning their Departments. 

1638. What are the present duties of the Attorney-General ? 

At present the Attorney-General is the Head of the De- 
partment of Justice, and the chief law officer of the Govern- 
ment. He represents the United States in matters involving 
legal questions. He gives his advice and opinion on ques- 
tions of law when they are required by the President or the 
Heads of the other Executive Departments, on questions of 
law arising upon the administration of their respective De- 
partments ; he exercises a general superintendence and di- 
rection over United States Attorneys and Marshals in all 
judicial districts in the States and Territories ; and he pro- 
vides special counsel for the United States whenever re- 
quired by any Department of the Government. 

1639. How is the Attorney-General assisted ? 

The Attorney-General is assisted by a Chief Clerk, a Law 
Clerk, a Solicitor-General, and two Assistant Attorneys- 
General. 

1640. What is the salary of the Attorney-General ? 

1641. Who is the present Attorney-General ? 

1642. When was the Department of Agriculture established? 
The Department of Agriculture was established at Wash- 
ington in 1862. 

1643. What is the object of the Department of Agriculture? 

Its object is to acquire and diffiise among the people at 
large useful facts concerning agriculture. 

1644. What is the chief officer of the Department of Agriculture 
styled? 

16* 



186 



HAND-BOOK OF CIVIL GOVERNMENT. 



The chief officer of the Department of Agriculture is 
called the Commissioner of Agriculture. 

1645. What are the duties of the Commissioner of Agriculture ? 
The Commissioner of Agriculture is required to collect 

and diffuse useful information on the subject of agriculture. 
He is to acquire and preserve in his office all the facts he 
can obtain concerning agriculture by means of books and 
correspondence, and other appropriate means ; to collect new 
and valuable seeds and plants ; to learn by actual cultivation 
such of them as may require tests ; to propagate such as may 
be worthy of propagation, and to distribute them among 
agriculturists. 

1646. How is the Commissioner of Agriculture assisted? 

The Commissioner of Agriculture is assisted by a Statis- 
tician, an Entomologist, a Botanist, a Chemist, and a Micro- 
scopist. He also has a propagating garden, a storehouse for 
seeds, and a library. 

1647. What is the salary of the Commissioner of Agriculture ? 
The Commissioner of Agriculture receives a salary of 

three thousand dollars a year. 

1648. Who is the present Commissioner of Agriculture ? 



JBlackhoard Exercise, No* XVI, 

I. The State Department. 
II. The Treasury Department. 

III. The War Department. 

IV. The Navy Department. 

V. The Department of the Interior. 
VI. The Post-Office Department. 
VII. The Department of Justice. 
VIII. The Department of Agriculture, 



PRACTICAL OPERATION OF THE CONSTITUTION. 187 



Practical Operation of the Con- 
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188 HAND-BOOK OF CIVIL GOVERNMENT. 

1649. What is meant by an ''administration" ? 

By an administration we understand the management of 
the afiairs of the Government. 

1650. What officers are usually included in a statement of the suc- 
cessive administrations of our Government ? 

The officers usually named as connected with the admin- 
istrations of our Government are the President, Vice-Presi- 
dent, and the members of the Cabinet. 

1651. How many administrations have there been under our Gov- 
ernment ? 

1652. How many years has each administration of our Govern- 
ment covered ? 

1653. When does each new administration begin? 

1654. Which President was twice elected unanimously ? 

1655. When was Washington sworn into office ? 

1656. Name the first President elected by the House of Kepresen- 
tatives. 

1657. Name the second President elected by the House of Eepre- 
sentatives. 

1658. Name the first President who died while in office. 

1659. Name the first Vice-President who succeeded to the Presi- 
dency. 

1660. Name the second President who died while in office. 

1661. Name the second Vice-President who succeeded to the Presi- 
dency. 

1662. Name the third President who died while in office. 

1663. Name the third Vice-President who succeeded to the Presi- 
dency. 

1664. Name the fourth President who died while in office. 

1665. Name the fourth Vice-President who succeeded to the Presi- 
dency. 

1666. Who is the present President of the United States ? 

1667. Who is the present Vice-President of the United States ? 

1668. What are the duties of the Vice-President of the United States? 
The Vice-President of the United States is President of 

the Senate ; gives the casting vote when the Senate is equally 
divided, and signs all bills passed by the Senate. 

1669. Is there any provision in the Constitution, or by statute, for 
filling a vacancy in the office of Vice-President ? 



PRACTICAL OPERATION OF THE CONSTITUTION. 189 

No provision is made in the Constitution or by law for 
filling a vacancy in the office of Vice-President. 

1670. At what time in our history have we had no Vice-President? 

1671. What person elected Vice-President died before taking the 
oath of office ? 

1672. What is the salary of the Vice-President? Ans. $8000. 

1673. What is the presiding officer of the Senate called? 

1674. What is the salary of the presiding officer of the Senate ? 
The presiding officer of the Senate receives a salary of 

eight thousand dollars a year. 

1675. In the absence of the Vice-President, who presides over the 
Senate ? 

The Senate elects a President pro tempore to preside over 
their deliberations in the absence of the Vice-President. 

1676. What salary does the President pro tempore of the Senate re- 
ceive? Ans. $5000. 

1677. Who is the present President jpro tempore of the Senate ? 

1678. Into how many classes may the Committees of the Senate be 
divided ? 

The Committees of the Senate are of three kinds, viz. : 
Standing Committees, Select Committees, and Joint Com- 
mittees. 

1679. Name some of the Standing Committees of the Senate. 

The Standing Committees of the Senate are those on Priv- 
ileges and Elections, Foreign Relations, Finance, Appropri- 
ations, Commerce, Manufactures, Agriculture, Military Af- 
fairs, Naval Affiiirs, Judiciary, Post-Offices and Post-Roads, 
Public Lands, Private Land Claims, Indian Affairs, Pen- 
sions, Revolutionary Claims ; Claims on District of Colum- 
bia, Patents, Territories Railroads, Mines and Mining, Re- 
vision of the Laws of the United States, Education and 
Labor, Civil Service and Retrenchment ; Committee to Audit 
and Control the Contingent Expenses of the Senate ; Com- 
mittee on Engrossed Bills, and the Committee on Rules. 

1680. Why are the Select Committees of- the Senate appointed? 
The Select Committees of the Senate are appointed for 



190 HAND-BOOK OF CTVTL GOVERNMENT. 

special purposes, not included in the list of regular Standing 
Committees. 

1681. Give an example of a Select Committee in the Senate. 

In the Forty-Fifth Congress, a Select Committee was ap- 
pointed to take into consideration the state of the law re- 
specting the ascertaining and declaring the result of the 
election of President and Vice-President. 

1682. What are meant by the Joint Committees of the Senate? 
The Joint Committees of the Senate are those which have 

power to act concurrently with a committee of the same 
kind in the House of Representatives. 

1683. Name some of the Joint Committees of the Senate. 

The Joint Committees of the Senate are such as the Com- 
mittees on Public Printing, Enrolled Bills, Library, Public 
Buildings and Grounds. 

1684. How are Committees usually chosen in the Senate? 
Senate Committees are usually chosen by ballot. 

1685. Of how many members does a Standing Committee of the 
Senate usually consist ? 

Standing Committees of the Senate usually consist of seven 
members. 

1686. What is the presiding officer of the House of Eepresenta- 
tives called ? 

The presiding officer of the House of Representatives is 
called the Speaker. 

1687. What was the origin of the title of Speaker as applied to 
the presiding officer of the House of Representatives? 

The title of Speaker had its origin in the custom of a 
response or speech, when the presiding officer was addressed 
by the President or Chief Executive of the nation. As he 
spoke on behalf of the whole body, he was called their 
Speaker. 

1688. What are the duties of the Speaker of the House of Repre- 
sentatives? 

The Speaker of the House of Representatives signs all 



PRACTICAL OPERATION OF THE CONSTITUTION. 191 

bills and resolutions passed by the House, and under the 
rules of the House appoints its committees. 

1689. When does the Speaker of the House of Representatives act 
as President of the United States ? 

1690. How does the Speaker of the House of Representatives vote ? 
He must vote in case of a ballot, and he may vote in other 



1691. What is the salary of the Speaker of the House of Repre- 
sentatives ? 

The Speaker of the House of Representatives receives a 
salary of eight thousand dollars a year. 

1692. Who is the present Speaker of the House of Representatives? 

1693. Into how many classes are the Committees of the House of 
Representatives divided ? 

The House of Representatives, like the Senate, has Stand- 
ing, Select, and Joint Committees. The Standing Commit- 
tees are substantially the same as those of the Senate, and 
the Select Committees, as the name indicates, are appointed 
to consider special subjects or classes of subjects brought to 
the notice of the House. 

1694. What are the Joint Committees of the House of Representa- 
tives ? 

Joint Committees are those appointed to act in conjunc- 
tion with similar committees appointed by the Senate, and 
are known by the same names. 

1695. Of how many members does a Standing Committee in the 
House of Representatives usually consist ? 

Standing Committees in the House of Representatives 
usually consist of from nine to thirteen members. 

1696. What Committee is peculiar to the House of Representa- 
tives ? 

The Committee of Ways and Means is peculiar to the 
House of Representatives, because all bills for raising rev- 
enue must originate in the House. 

1697. Why is the Committee of Ways and Means regarded as the 
most important of all the Congressional Committees ? 

It is regarded as the most important because it has con- 



192 HAND-BOOK OF CIVIL GOVERNMENT. 

trol of immense financial interests. Its Chairman is re- 
garded as next in honor to the Speaker of the House. 

1698. How does the House of Representatives resolve itself into a 
Committee of the Whole ? 

The Speaker vacates the chair and another presiding offi- 
cer is appointed. 

1699. What is the advantage of a Committee of the Whole? 

In a Committee of the Whole, the legislative body has an 
opportunity for free discussion, without the restraint of the 
regular rules of the body. 

1700. How often are bills, introduced into either House of Con- 
gress, read? 

A bill introduced into either House of Congress is sup- 
posed to be read three times, and at each reading the House 
takes some formal action. If no objection be made, a bill 
may be read twice by its title, and then be referred or 
ordered to be printed. 

1701. AVhen is a bill engrossed? 

When a bill has been reported back from the committee 
to which it was ordered to be referred, it is ordered to be 
engrossed and read a third time ; after which a vote is taken 
upon its passage. 

1702. When is a bill enrolled? 

After having successfully passed both Houses of Congress, 
a bill is enrolled on parchment, and, after having been care- 
fully examined by a committee appointed for that purpose, 
it is signed by the Speaker of the House and the President 
of the Senate, and is sent to the President of the United 
States for his signature. 





State Governments. 

1703. Name the original States. 

1704. Name the admitted States. 

1705. What is a State ? 

A State is a district of country with well-established 
boundaries, having a separate government, subordinate to 
the National Government, and confederated with other 
States, as one of the members or States of the American 
Union. 

1706. What is a State Constitution? 

A State Constitution is an agreement or contract subor- 
dinate to the National Constitution, in which each member 
of the State binds himself to the whole, and the whole bind 
themselves to each one, that all shall be governed by certain 
laws and regulations for the common good. 

1707. What is a Delegate ? 

A Delegate is a person appointed by a person or a number 
of persons to transact their business. 

1708. What is a Convention? 

A Convention is an assembly of delegates organized for 
the transaction of business. 

1709. How are State Constitutions adopted? 

State Constitutions are framed by a convention called for 
that purpose, and are adopted by the vote of the people. 

1710. Can State Constitutions be amended? 

17 N 193 



194 HAND-BOOK OF CIVIL GOVERNMENT. 

State Constitutions usually provide for . their own amend- 
ment, and such amendments are generally proposed and 
passed by the State Legislature, and afterwards adopted by 
the people. 

1711. What is the right of suflfrage? 

The right of suffrage is the right to vote. 

1712. What is an Elector? 

Electors are those who have the right of suffrage. 

1713. What are the qualifications of Electors? 

Electors must be twenty-one years of age, are generally 
required to be of the male sex, and must have resided within 
the State for a specified time. Aliens, criminals, idiots, 
lunatics, and paupers have no right to vote. There is gener- 
ally no property qualification, and nowhere any distinction 
of color. 

1714. Why are States divided into districts, counties, and towns or 
townships ? 

States are divided into districts, counties, and towns or 
townships, for convenience and to secure a better exercise 
of political power. 

1715. When are State elections held? 

State elections are generally held in October or Novem- 
ber. 

1716. What are Inspectors of elections? 

Inspectors of elections are persons appointed by law to 
preserve order, regularity, and fairness in the business of 
elections. They are sometimes called judges of elections. 

1717. What are polls? 

By polls are meant elections, or the place where electrons 
are held. Poll is a Saxon word which once meant a head, 
and now means a person. 

1718. What is meant by challenging a vote ? 

If objection be made to the depositing of a vote on the 
score of age, residence, or citizenship, the vote is said to be 
challenged. 

1719. What is meant by registration? 



STATE GOVERNMENTS. 195 

Registration is the making of lists of those qualified to 
vote, to be referred to on election day. In this way much 
illegal voting is prevented. 

1720. What is meant by canvassing votes ? 

The counting and comparing of votes after the closing of 
the polls is called canvassing the votes. The term is also 
sometimes applied to the examination or sifting of the 
opinions of voters before an election. 

1721. How are candidates for oflB.ce elected in most of the States? 
In most of the States, candidates for office are elected by a 

plurality of votes. 

1722. How are the powers of State Governments divided ? 

The powers of State Governments are divided into three 
departments — the legislative, executive, and judicial. These 
correspond in their definitions and functions to similar depart- 
ments of the National Government. 

1723. How are the State Legislatures constituted ? 

The Legislatures of all the States are composed of two 
houses — a Senate and House of Representatives, sometimes 
known as the upper and lower houses, and together called 
the General Assembly. 

1724. What is the general character of a State Senate? 

The State Senate generally consists of from twenty-five to 
fifty members, chosen by the people for one, two, three, or 
four years, sometimes divided into classes, apportioned among 
the different counties of the States, and elected by districts. 

1725. What is the general character of a State House of Kepre- 
sentatives ? 

The State House of Representatives is also elective, con- 
sisting of from one to two hundred members, chosen by the 
people for a term of one or two years, apportioned among the 
different counties, and elected in districts. 

1726. What are the general qualifications of members of the State 
Senate and House of Eepresentatives? 

Members of the State Senate and House of Representa- 
tives are required to be qualified electors, of a specified age, 



196 HAND-BOOK OF CIVIL GOVERNMENT. 

and fixed terms of residence, differing somewhat in the vari- 
ous States. 

1727. How often do the various State Legislatures meet? 

1728. How are the State Legislatures organized? 

By the election of a presiding officer for each branch, 
usually called the Speaker, the Lieutenant-Governor gener- 
ally presiding over the Senate; a President pro tempore, a 
secretary or clerk, sergeant-at-arms, and other necessary 
minor officers. 

1729. What is the usual manner of enacting laws in the State 
Legislatures? 

The manner of enacting laws in the State Legislatures 
corresponds in the main with that of the National Legisla- 
ture. Rules are adopted by each Legislature. The Gov- 
ernor recommends measures in his message, others are brought 
to the notice of the Legislature by petitions. Standing and 
special or select committees are appointed, and bills are read, 
discussed, and passed as in Congress, and the Governor has 
a limited veto. 

1730. Into what two classes may the executive officers of the States 
be divided ? 

The executive officers of the States may be divided into 
two classes — those whose duties relate to the whole State, and 
who have their offices at the capital, such as the Governor; 
and those whose duties are limited to a portion of a State, and 
who have their offices in various districts, such as the sheriffs. 

1731. What are the usual qualifications and powers of the Gov- 
ernors of States? 

Various qualifications of citizenship, residence, age, and 
in some States of property, are required of the candidates 
for the position of Governor of a State. Their powers are 
usually the veto power, the reprieving, commuting, and par- 
doning power, and the power of appointing various officers. 
The term of office is generally one, two, or four years. 

1732. How are the Governors of States assisted in the performance 
of their duties ? 



STATE GOVERNMENTS. 



197 



The Governor of the State is usually assisted by such 
officers as the Secretary of State, Comptroller or Auditor, 
Treasurer, and Attorney-General. 

1733. What was the origin of the county? 

1734. What are municipal corporations ? 

1735. What is a corporation ? 

1736. What are the usual county officers ? 

1737. Of what does the judicial department of the State consist? 

1738. When was the Constitution of your State adopted ? 

1739. Who is the Governor of your State ? 

1740. How many members are there in each house of your State 
Legislature ? 

1741. Who are the principal executive officers of your State ? 

1742. How does the Governor of a State differ from the President 
of the United States ? 

1743. How does the Governor of a State differ from a king ? 



> 

o 
o 



I. 

n. 
m. 



IV. 



Blackboard Exercise, No, XVII, 

The State Defined. 

Basis of State Government its Constitution. 

State Elections. 

1. Legislative. 
a. Senate. 

6. House of Kepresentatives. 
c. Governor.^ 

2. Executive. 
a. Governor. 
h. Executive Officers. 

3. Judicial : The Judges. 



Departments of 
State Government. 



V. Legislative. 



VI. Executive. 



VII. Judicial. 



I 

I 

1. 

2. 



1. Meetings. 

2. Organization, 

3, Officers, 

4, Proceedings. 
Officers, 
Qualifications. 
Powers. 
Assistants. 
Higher Courts. 
Lower Courts. 



* In most of the States. 



17 




CHRONOLOGY 

OF 

IMPORTANT POLITICAL EVENTS AND ACTS 
OF CONGRESS. 

Note. — The events arranged below exhibit the practical working of 
the Constitution down to the present time. By means of the numbers 
on the right, the pupil can easily refer each event to its appropriate 
clause in the Constitution. The history and political results of each 
event should be carefully investigated. 

DATE. CLAUSE. 

Government under new Constitution begun March 4, 1789 83 

First Senate convened and classified. March 4, 1789 9 

Washington inaugurated President April 30, 1789 60 

Oath of office prescribed June 1, 1789 82 

First Senators from New York took their seats ....July 26, 1789 9 

President's salary made |25,000 September 24, 1789 59 

First Ten Amendments proposed September 25, 1789 79 

North Carolina Senators took seats November 27, 1789 9 

Department of War established 1789 39 

Judiciary organized 1789 34 

Office of Attorney-General created 1789 43 

Treason punished by hanging April, 1790 71 

Mode of proving State Kecords provided May 26, 1790 72 

District of Columbia ceded to United States July 16, 1790 42 

First Census taken 1790 5 

Two years' residence required for Naturalization 1790 29 

First copyright law enacted ; terra, fourteen years..May 31, 1790 33 

First patent-right law enacted April 15, 1790 33 

Punishment of piracy defined to be death 1790 35 

Naval rules adopted 1790 39 

198 



CHRONOLOGY. 199 

DATE. CLAU8B. 

Scat of government moved to Philadelphia 1790 42 

Legislative and Judicial seals required 1790 72 

Congress made punishment of treason, death 1790 71 

Vermont admitted as a State March 4, 1791 76 

Public Debt, ^75,000,000 January, 1791 \ '^^ 

ao2 

United States Bank chartered February 25, 1791 30 

Duty on spirits distilled in United States March 3, 1791 26 

First Ten Amendments ratified December 15, 1791 79 

Time and place of voting of Pres. Electors fixed... Mar. 1, 1792 95 

United States Mint established at Philadelphia.... April 2, 1792 30 

Kentucky admitted as a State June 1, 1792 76 

Uniform Militia established 1792 41 

Law for calling forth the Militia 1792 40 

Uniform Presidential Elections provided for 1792 56 

Minister Genet recalled at Washington's request 1793 64 

Act to enforce fugitive slave law February 12, 1793 75 

Secretary of State authorized to issue patents 1793 33 

Whiskey Insurrection in Pennsylvania 1794 \ 

Eleventh Amendment proposed March 5, 1794 76 

Militia called forth August 7, 1794 \ ^^ 

^ ' Uo 

Slave-trade to foreign countries prohibited 1794 44 

Duties for protection imposed 1794 26 

Jay's ti^aty ratified June 24, 1795 62 

Five years' residence required for Naturalization 1795 29 

Law for calling forth Militia amended 1795 40 

Tennessee admitted as a State June 1, 1796 76 

Stamp Duties imposed 1797 26 

Eleventh Amendment ratified 1798 79 

Fourteen years' residence required for Naturalization 1798 29 

Alien and Sedition Acts passed 1798 < 

<84 

Treaty with France declared void 1798 62 

Rank of Lieutenant-General created 1798 39 

Department of the Navy established 1798 38 

Direct Tax levied 1798 5 

Rank of General created 1799 39 

First Bankrupt Law passed April 4, 1800 29 

Seat of Government removed to Washington 1800 42 



200 HAND-BOOK OF CIVIL GOVERNMENT. 



Alien and Sedition Acts expired by limitation Jan. 26, 1801 



Public Debt, $90,000,000 1805 \ 



DATE. CLAUSE. 

Treaty with France September 30, 1800 62 

29 
84 

Jefferson elected President by the House of Eeps 1801 55 

Judiciary Act passed by Congress February 13, 1801 %Q 

War declared to exist with Tripoli June 10, 1801 36 

West Point Military Acad, founded by Congress-March 16, 1802 37 

Act to repeal internal taxes April, 1802 26 

Rank of General abolished 1802 39 

Five years' residence required for Naturalization 1802 29 

Ohio admitted as a State November 29, 1802 76 

Louisiana purchased from France April 30, 1803 76 

First Bankrupt Law repealed 1803 29 

Twelfth Amendment proposed 1803 79 

Twelfth Amendment ratified 1804 79 

Treaty of Peace with Tripoli ..June 3, 1805 62 

27 
102 
Importation of certain goods from Great Britain prohibited, 1806 28 

Cumberland Road constructed by Congress 1806 32 

Embargo on American ships December 22, 1807 28 

Aaron Burr tried for treason and acquitted 1807 70 

Importation of slaves prohibited January 1, 1808 44 

Commercial intercourse with Great Britain interdicted 1809 28 

Embargo on American Ships repealed 1809 28 

Louisiana admitted as a State April 8, 1812 76 

War declared to exist with England June 19, 1812 36 

61 
40 

Flogging in Army prohibited 1812 39 

Internal taxes restored 1813 26 

Direct Tax levied 1813 5 

Office of Commissioner of Revenue established 1813 26 

Hartford Convention December 15, 1814 84 

Ghent Treaty of United States and Great Britain...Feb. 18, 1815 62 

Direct Tax levied on District of Columbia February, 1815 5 

War with Algiers March 3, 1815 36 

Direct Tax levied • 1815 5 



Militia called forth 1812 



27 
102 
Direct Tax levied 1816 5 



Public Debt, $127,000,000 1816 



CHRONOLOGY. 201 

DATE. CLAUSE. 

Second Charter of United States Bank 1816 30 

Indiana admitted as a State December 11, 1816 76 

Mississippi admitted as a State December 10, 1817 76 

Alabama admitted as a State December 14, 1819 76 

Florida purchased from Spain February 22, 1819 76 

Missouri Compromise passed March 3, 1820 77 

Slave-trade piracy, punishable by death 1820 35 

Maine admitted as a State March 15, 1820 76 

Missouri admitted as a State August 10, 1821 76 

Monroe Doctrine concerning foreign relations ...Dec. 2, 1823 64 

J. Q. Adams elected President by the House of Eep's 1825 95 

Mail-carrying limited to free white persons 1825 32 

Copyright term extended to twenty-eight years, with re- 
newal for fourteen more 1831 33 

Nat Turner's slave insurrection in Virginia August, 1831 40 

Nullification in South Carolina November 19, 1832 81 

Deposits removed from the United States Bank.-October 1, 1833 30 

Flogging for Army desertion allowed 1833 39 

Charter of the United States Bank expired March 3, 1836 30 

United States out of debt.... 1836 102 

Patent-Office created 1836 33 

Term of patent-rights extended 1836 33 

Patent-Office burned 1836 33 

Arkansas admitted as a State June 15, 1836 76 

Michigan admitted as a State January 26, 1837 76 

Vice-President Johnson elected by the Senate 1837 96 

Associate Judges of Supreme Court extended to eight 1837 62 

Second Bankrupt Law passed August 19, 1841 29 

61 
40 

Eepresentative Districts established June 25, 1842 15 

Ehode Island forms a State Constitution 1842 93 

Second Bankrupt Law repealed 1843 29 

Florida admitted as a State March 3, 1845 76 

Texas annexed as a State March 1, 1845 76 

Presidential election day fixed January 23, 1845 56 

United States Naval Academy at Annapolis opened..Oct. 10, 1845 38 

Smithsonian Institution established 1846 33 

War declared to exist with Mexico May 13, 1846 36 

Iowa admitted as a State ....December 28, 1846 76 

AVilmot Proviso restricting slavery offered August 8, 1846 44 



Dorr's Kebellion in Rhode Island 1842 



202 HAND-BOOK OF CIVIL GOVERNMENT. 

DATK. OLATfSE. 

Virginia portion of District of Columbia receded 1846 42 

Postage Stamps introduced 1847 32 

Treaty of Peace with Mexico February 2, 1848 62 

First National Convention of Free-Soil party August 9, 1848 84 

Addition of California territory February 2, 1848 76 

Wisconsin admitted as a State 1848 76 

Patent-Office transferred to Department of Interior 1849 33 

Department of the Interior established March 3, 1849 43 

California admitted as a State September 9, 1850 76 

Act to enforce fugitive slave law amended... September 12, 1850 75 

Flogging in Navy abolished September 28, 1850 39 

Stamped Envelopes first furnished 1852 32 

Cession of Gadsden purchase from Mexico... December 30, 1853 76 

Ostend Manifesto as to Cuba October 21, 1854 

Missouri Compromise repealed May 24, 1854 

Kansas-Nebraska Bill passed May, 1854 77 

Treaty of Commerce with Japan 1854 62 

Rank of Lieutenant-General revived 1855 39 

Court of Claims established 1855 34 

Registration of letters introduced 1855 32 

Prepayment of letters required 1855 32 

Two-thirds of a quorum pass bills over the President's veto.. 1856 24 

Dred Scot Decision of U. States Supreme Court..March 1, 1857 

Minnesota admitted as a State September 9, 1858 76 

Oregon admitted as a State February 14, 1859 76 

Copyright books transferred to Department of the Inte- 
rior..'. 1859 33 

John Brown's Insurrection.. October 16, 1859 40 

( 78 

South Carolina seceded December 20, 1860 < 

C81 

Kansas admitted as a State January 29, 1861 76 

Southern Confederacy formed at Montgomery, Ala...Feb. 4, 1861 51 

Militia called forth April 15, 1861 | ^J 

Writ of habeas corpus suspended by the President-April 27, 1861 45 

Confederate Congress met at Richmond, Va July 20, 1861 51 

Income Tax levied August 5, 1861 26 

Direct Tax levied on all States and Territories August, 1861 5 

Seizure of Mason and Slidell November 8, 1861 87 

( 78 

Constitution of West Virginia framed November 26, 1861 < 






CHRONOLOGY. 203 

DATS. CLAUSE. 
C 97 

Public Debt, $90,000,000 \'^^\\ ^* 

Flogging for Army desertion abolished 1861 39 

United States mails withdrawn from the South 1861 32 

C!ongress abolished slavery in the District of Columbia .... 1862 77 

Constitution of West Virginia adopted May 3, 1862 \ ' ^ 

Homestead Lawpassed May 20, 1862 77 

General scheme of internal revenue July 1, 1862 26 

Iron-clad oath prescribed July 2, 1862 82 

Soldiers admitted to citizenship without previous declara- 
tion 1862 29 

Punishment of treason redefined July 17, 1862 71 

Militia called forth August 4, 1862 \ ^^ 

(. 40 

( 7fi 

Division of Virginia ratified by Congress December 31, 1862 < 

Rank of Kear- Admiral and Commodore created 1862 39 

Present Naval Rules enacted 1862 39 

Emancipation Proclamation January 1, 1863 44 

Act to establish National Banks February 25, 1863 30 

Writ of habeas corpus suspended by Congress March, 1863 45 

President authorized to suspend habeas corpus March 3, 1863 45 

Associate Judges of Supreme Court extended to 

nine March 3, 1863 62 

Militia called forth June 15, 1863 40 

West Virginia admitted as a State June 20, 1863 76 

Draft-Riot in New York City July 13-16, 1863 40 

Amnesty Proclamation December 3, 1863 61 

Free delivery of letters authorized 1863 32 

National forces defined by Congress 1863 39 

Homestead Law amended March 21, 1864 77 

Bureau of Currency provided June 3, 1864 30 

Fugitive slave law repealed June 28, 1864 75 

Law punishing counterfeiting U. S. Securities June 30, 1864 31 

Coastwise slave-trade prohibited July 2, 1864 44 

Law providing salaries for postmasters 1864 32 

Nevada admitted as a State October 31, 1864 76 

Postal money-order system established 1864 32 

Rank of Vice- Admiral created 1864 39 

Thirteenth Amendment proposed...., February 1, 1865 79 



204 



HAND-BOOK OF CIVIL GOVERNMENT. 



DATE. CLAUSE. 

Electoral votes of States in rebellion not counted Feb., 1865 < 

( 95 

CJolor qualification of mail-carriers removed March 3, 1865 32 

Thirteenth Amendment ratified December 18, 1865 79 

Free delivery of letters in certain places required 1865 32 

r 5 

Representation in Congress denied to States in rebellion... 1866 X 

Civil Rights Bill passed 1866 99 

Fenian Raids into Canada May 31, 1866 40 

Fourteenth Amendment proposed June 16, 1866 79 

Homestead Law amended... June 21, 1866 77 

Time and manner of electing Senators regulated... July 25, 1866 15 

President's power of removal from office limited 1866 62 

Metric system of weights and measures legalized 1866 30 

State Bank-Notes excluded from circulation 1866 30 

Public Debt, $2,783,000,000.. 1866$ ^^ 

Regular Army organized 1866 39 

Rank of General revived 1866 39 

Rank of Admiral created 1866 39 

Amnesty Proclamation January 19, 1867 61 

Copyright books, etc., required to be sent to Librarian of 

Congress 1867 32 

Nebraska admitted as a State March 1, 1867 76 

Third Bankrupt Law passed March 2, 1867 29 

Enrolling of negroes in Militia provided for March 2, 1867 41 

Bureau of Education established March 2, 1867 43 

Act regulating tenure of civil oflices March 2, 1867 62 

Alaska purchased from Russia June 20, 1867 76 

Iron-clad Oath modified July 11, 1868 82 

Fourteenth Amendment ratified July 28, 1868 79 

f 7 

Impeachment of President Johnson 1868 j 13 

Us 

Right of expatriation declared by Congress 1868 29 

Naturalization treaty with Prussia and Bavaria 1868 29 

Fenian violation of neutrality 1868 < 

•" MO 

Treaty with China.. 1868 62 

Fifteenth Amendment proposed February 27, 1869 79 

United States Judges' retirement act passed April 10, 1869 66 



CHRONOLOGY. 205 

DATE. CLAUSE. 

Associate Judges of Supreme Court reduced to eight 1869 62 

Naturalization treaty with Belgium and Hesse 1869 29 

( 62 

Circuit Judges created 1869 < 

V 66 

Fifteenth Amendment ratified March 30, 1869 79 

Fenian Kaids into Canada February 3, 1870 40 

Naturalization Laws extended to Africans July 14, 1870 29 

1-36 

Alabama claims awarded by Joint Commission 1870-1 28 

143 

Northwestern boundary of United States defined 1870 62 

Kegular Army reduced July, 1870 39 

United States Bonds issued July, 1870 27 

Department of Justice established 1870-| 34 

i66 

Naturalization treaty with Great Britain 1870 29 

Naturalization treaty with Wurtemburg and Baden 1870 29 

Law to punish crimes against Naturalization Laws 1870 29 

Present Copyright law enacted, and records transferred to 

Washington July 8, 1870 33 

Copyright books placed under control of Librarian of Con- 
gress 1870 33 

Term of patent-right changed to seventeen years 1870 33 

Written or printed ballots of Representatives in Congress 

required 1871 15 

Ku-Klux Bill passed April, 1871 99 

Treaty of Washington with Great Britain (war claims) 

June 17, 1871 62 

Income Tax discontinued 1871 26 

Naturalization treaty with Austria 1871 29 

Territorial government established in the District of 

Columbia 1871 77 

Geneva Tribunal on Alabama Claims met.... December 15, 1871 36 
Representatives' election on Tuesday after first Monday in 

November 1872 15 

San Juan boundary decided in favor of U. S.... October 21, 1872 62 

Naturalization treaty with Sweden and Norway 1872 29 

United States Statutes first revised and codified 1873 81 

Franking privilege abolished 1873 32 

Law punishing counterfeiting of coin passed February, 1873 31 

18 



206 



HAND-BOOK OF CIVIL GOVERNMENT*. 



BATE. CLAU82. 

President's salary, |50,000 March 3, 1873 59 

Public Debt, $2,162,252,338 1873 \ ^'^ 

Letter-carriers authorized 1873 32 

Rank of Admiral and Vice- Admiral declared abolished, 

when vacant 1873 39 

Act approving resumption of specie payments-January 14, 1875 30 

Colorado admitted as a State = July 1, 1876 76 

Law requiring uniform election of Representatives in 

effect 1876 15 

Electoral Commission Act approved January 29, 1877 95 

Joint Electoral Commission settled Presidential dispute... 1877 95 

United States troops withdrawn from the South 1877 61 

Third Bankrupt Law repealed 1878 29 

Fishery Award to Great Britain 1878 28 

Silver made a legal tender in payment of debts Feb. 21, 1878 30 

Resumption of Specie Payments January 1, 1879 30 

Treaty with China in relation to commerce 1880 62 

Treaty with China in relation to immigration 1880 62 

Apportionment of Representatives fixed at three hundred 

and twenty-five members 1882 5 

Chinese immigration prohibited for ten years 1882 < 

Registration of trade-marks provided for 1882 29 

Tenth Census published 1882 5 

Lieutenant-Commander Sigsbee authorized to receive a 

decoration from Germany 1882 50 

Bill to regulate carriage of passengers by sea 1882 28 



\. 



m^^ 




TEST QUESTIONS 



AND 



RECREATIONS. 



3j«i< 



Note. — The object of the following questions is to test the skill of the 
pupil in interpreting the spirit and meaning of the various clauses of the 
Constitution ; to secure a review of its leading principles ; and to en- 
courage original investigation upon constitutional and kindred topics. 
Answers to some of the questions will be found by reference to the ap- 
propriate clauses; other answers will be found in the "Chronology of 
Important Events ; " while a few must be sought in such works as "An- 
drews' Manual of the Constitution," "Story on the Constitution," etc. 
It is recommended that these questions be used as subjects for debates. 



1. What power given to Congress by the Constitution is not exer- 
cised by it ? 

2. What power given to the President by the Constitution has never 
been exercised by him ? 

3. What is the only instance in the Constitution where the Govern- 
ment has a duty enjoined upon it, while the particular department is 
not mentioned ? 

4. What three limitations to the power of amendment does the 
Constitution contain ? 

207 



208 HAND-BOOK OF CIVTL GOVERNMENT. 

5. Which clause of the Constitution can never be repealed? 

6. Why did President Arthur take the prescribed oath of office 
twice ? 

7. Does the authority to command the army and navy necessarily 
belong to the Executive Department, or may the duties of the Presi- 
dent, as military head of the nation, be regarded as distinct from 
those devolving upon him as the chief magistrate ? 

8. If the Senate or House of Representatives should punish one of 
its members for contempt, would the President have authority to par- 
don him ? 

9. Can the President, by and with the consent of the Senate, make 
a treaty which can be construed so as to destroy the fundamental laws 
of the land ? 

10. If a treaty be the law of the land, is it not as much obligatory 
upon Congress as upon any other branch of the government or the 
people at large ? 

11. It is generally asserted that only in two or three cases has it 
been possible for our Presidents to live within their salary, and that 
in most cases their expenses have far exceeded it. If this be true, has 
the object of the Constitution been accomplished in granting them a 
compensation for their services ? 

12. Before entering upon the duties of his office, the Vice-Presi- 
dent, like the President, is placed on oath or affirmation. Must he 
renew his oath in case he succeeds to the Presidency ? 

13. It is said that the Cabinet of President Harrison proposed that 
Mr. Tyler should be styled " Acting President." Would this have 
been in accordance with the intention of the Constitution ? 

14. If the President pro tempore of the Senate, or the Speaker of 
the House, should be called to the Executive chair, would he properly 
be called " Acting President " ? 

15. When, in 1865, Congress sent the Amendment abolishing slavery 
to the reconstructed States of the South, it virtually recognized them 
as States. When, subsequently, (March 2, 1867,) Congress declared 
these States in a state of insurrection, did the act have a retrospective 
effect? 

16. Was the Thirteenth Amendment duly ratified by three-fourths 
of the whole number of States as well as by three-fourths of the loyal 
States? 

17. Have we ever had more than one Vice-President at the same 
time? 



TEST QUESTIONS AND RECREATIONS. 209 

18. Mr. Foster was elected President pro tempore of the Senate while 
Andrew Johnson was yet Vice-President, and before President Lin- 
coln's death ; were there two Vice-Presidents during the forty days 
in which this continued to be the case ? 

19. In case of the insanity, or other mental inability, of the Presi- 
dent, who would decide when the Executive was in a proper mental 
condition to resume the duties of his office ? 

20. If the Vice-President assume the powers and duties of the 
President on account of his inability, and the President's inability 
should be removed, would the Vice-President have to give up the 
exercise of such powers and duties, or continue to exercise them for 
the remainder of the Presidential term ? 

21. If Congress were allowed a discretionary power over the sal- 
ary of the Executive, how might the power be used to affect legis- 
lation ? 

22. How does the President's salary compare with the sums allowed 
to the crowned heads of Europe ? 

23. Alexander Hamilton was born in the West Indies, in 1757. 
Could he have been elected to the Presidency ? 

24. Was Lafayette eligible to the office of President of the United 
States ? 

25. Could a child born on ship-board, between Europe and the 
United States, ever become President of the United States ? 

26. President Garfield was unable to discharge the powers and 
duties of his office between the 2d of July and the 19th of Septem- 
ber, 1881. Did the powers and duties of the said office devolve upon 
the Vice-President ? 

27. Would the Vice-President become President if the Chief Magis- 
trate should become insane, or be kidnapped, or be taken prisoner in 
time of war? 

28. Does the Constitution authorize the President to do anything 
which does not necessarily belong to him as Executive ? 

29. Did the Constitutional Convention act wisely in reducing the 
length of the Presidential term from seven years to four, and in 
striking out the clause forbidding re-election ? 

30. Is the election of the Electors of President and Vice-Pres- 
ident confided to the State Legislature in any one of the United 
States ? 

31. Suggest a method of electing a President and a Vice-President 

18^ O^ 



210 HAND-BOOK OF CIVIL GOVERNMENT. 

which will be free from the objectionable features of the present 
mode. 

32. Is the President in any sense the unbiassed choice of the people, 
or of the States, or merely the representative of a party ? 

33. Is anything said in the Constitution about the power of Con- 
gress to emit bills of credit, or to make anything but gold and silver 
a legal tender ? 

34. Have these powers been considered as belonging to and been 
exercised by Congress ? 

35. May States pass laws operating upon future contracts between 
their own citizens ? 

36. If a charter of a bank, which has been incorporated by a State, 
should prescribe the manner in which the bank should be taxed, could 
the State subsequently alter the mode of taxation ? 

37. Is the charter of a college a contract which the Legislature of 
a State cannot annul or impair ? 

38. What is the only way in which the President, Judges, Heads of 
Departments, Army and Navy Officers, and members of Congress can 
obtain their salaries? 

39. Can any officer of the United States, without guilt, wear honors 
borrowed from foreign sovereigns, or touch for personal profit any 
foreign treasure ? 

40. Can Congress authorize officers of the United States Govern- 
ment to receive presents from foreign powers? 

41. A State may borrow money and issue bonds therefor. Are 
such bonds "bills of credit" in the constitutional sense? 

42. Postage stamps are frequently used in the payment of small 
bills, especially when ordering by mail, articles whose value is less 
than a dollar. Are stamps so used "bills of credit" ? 

43. What legislative construction given to the Constitution in 1789 
was reversed in 1867, as a result of the estimate of the character of 
the Executive at the two different periods? 

44. Suppose Great Britain had recognized the seceded States during 
the Civil War as an independent nation, what might have been the 
result? 

45. Where would a person be tried who had robbed the mail, 
evaded the revenue laws, or counterfeited the coin of the coun- 
try? 



TEST QUESTIONS AND RECREATIONS. 211 

46. Would conspirators who assassinated the President of the United 
States, while the country was in a state of war, and while the place 
where the crime was committed was under martial law, be entitled to 
a trial by jury? 

47. Can forts, arsenals, dockyards, or other public works be a refuge 
for criminals, or persons trying to avoid State justice? 

48. What clause could you take away from the Constitution without 
affecting any of its provisions ? 

49. Is any express constitutional authority given to the United 
States Government to make contracts ? 

50. Which clause in the Constitution did Patrick Henry speak of 
as the Sweeping Clause by which Congress was to overthrow the 
States? 

51. From whom was the custom of the veto derived? 

52. How many bills were vetoed by Washington.? Madison? 
Monroe? Jackson? Tyler? Polk? Pierce? Buchanan? Johnson? 
Grant? Hayes? Garfield? Arthur? 

53. How many bills were passed over the veto of Tyler ? Pierce ? 
Johnson ? Arthur ? 

54. Give an instance of the President's approval of a resolution 
where such approval was unnecessary. 

55. What was the first case of indirect tax other than duties on 
imports ? 

56. Can taxes be laid to aid foreign nations, or for purposes not 
national ? 

57. When was an income tax first levied by our Government ? 

58. Would it be economy for the nation to borrow money to de- 
velop the country by railroads ? 

59. Can military and naval officers be impeached? Can persons 
not in office ? 

60. How many regular terms has a Congress? How many ses- 
sions ? 

61. Has Congress always met on the first Monday of Decem- 
ber? 

62. How long is the first session of Congress usually? Second 
session ? Closes when ? Instances of three sessions. 

63. How long was the Thirty -first Congress in session ? 

64. The constitutional term of Congress ends at noon on the fourth 



212 HAND-BOOK OF CIVIL GOVERNMENT. 

of March. Do the Journals of the two houses for that day bear the 
date of the third or the fourth of March ? 

65. When was a bill first passed over the veto of the Pres- 
ident? 

66. When was the English veto last exercised? 

67. How can a State be unrepresented in the Senate ? 

68. How did New York happen to be unrepresented in the Senate 
during the first few months of the First Congress ? How again in the 
Forty-seventh Congress? 

69. Why did New York have no electors under the First Con- 
gress? 

70. What objection would there be to allowing the Governor of a 
State to make contingent appointments for filling vacancies in the 
Senate ? 

71. How is the qualification of inhabitancy of Senator open to 
criticism ? 

72. Mention measures passed by means of the casting vote of the 
Vice-President. 

73. What was the vote on President Johnson's impeachment? 

74. Give the history of Blount's impeachment. Pickering's. 
Chase's, Peck's. Humphries'. Johnson's. 

75. Has any capitation tax ever been levied by the United States 
Government ? 

76. How was the direct tax of 1798 assessed? Was the tax then 
laid upon slaves a capitation tax ? 

77. What is the meaning of the letters ss. appended to the name 
of the State and county in legal documents ? 

78. If a foreigner makes his declaration of intention to become a 
citizen of the United States, and dies before the time to become 
naturalized, can his wife and children become citizens at that time on 
taking the necessary oath ? Why should the wife desire to ? 

79. Who gives notice of a Senatorial vacancy to the Legislature 
of a State ? Suppose he delays ? 

80. How can Senators agree to be absent from meetings of the 
Senate without afiecting their interests ? 

81. By whose authority are our treasury notes and fractional cur- 
rency signed ? 

82. With what Department is the "Bureau of Internal Kevenue" 



TEST QUESTIONS AND RECREATIONS. 218 

connected? The " Bureau of Statistics " ? The Mint? Coast Sur- 
vey? Light-House Board? Signal Office? Bureau of Military 
Justice? Academy at West Point? Bureau of Yards and Docks? 
Equipment and Recruiting? [Navigation? Ordnance? Medicine 
and Surgery ? Provisions and Clothing ? Steam Engineering ? Con- 
struction and Repair ? Naval Academy ? 

83. How are West Point Cadets supported ? Cadet Midshipmen at 
Annapolis ? 

84. With what Department is the Patent-Office connected ? Census 
Office? Land Office? Indian Afiairs? Pensions? Public Build- 
ings ? Education ? 

85. When did the Postmaster-General begin to attend Cabinet 
meetings? 

86. What officer, without a " Department," has always been recog- 
nized as a member of the Cabinet ? 

87. Are the " Departments " defined in the Constitution ? How are 
they established ? How many are there ? What are their " Heads " 
called separately and collectively ? 

88. What are Government Bureaus ? 

89. Who is regarded as the next person in importance to the Presi- 
dent? 

90. Are the duties of the Secretary of State defined by law ? What 
are they ? 

91. With what Department are Ambassadors and other PubUc 
Ministers connected ? 

92. Has Prussia ever sent an Ambassador to a foreign government? 

93. What are Envoys Extraordinary ? Ministers Plenipotentiary ? 
Ministers Resident ? Ambassadors? Commissioners? Charg^ d' Af- 
faires ? Secretaries of Legation ? Consuls ? Consul-General ? 

94. Why does the Senate not have a Committee of Ways and 
Means ? 

95. How many constitute a Standing Committee, usually, in the 
House ? In the Senate ? 

96. What is meant by the House resolving itself into a Committee 
of the Whole? 

97. How many times is a bill read in the House ? 

98. How many Presidents have been elected for a second term ? 
For a third ? 



214 HAND-BOOK OF CIVIL GOVERNMENT. 

99. Is there any constitutional limit to the number of terms for 
which a President may be elected? 

100. Washington's first term began March 4, 1789. He was not 
sworn into office till the 30th of April. Why ? 

101. How are Congressional bills signed ? 

102. Is there any provision in the Constitution, or by statute, for 
filling a vacancy in the office of Vice-President ? 

103. Did we have any Vice-President in 1854? 1882? 

104. Why is the presiding officer of the House of Representatives 
called the Speaker ? 

105. What are the duties of the Speaker of the House of Repre- 
sentatives ? 

106. If the Speaker of the House is acting as President of the 
United States, is he required to vote in case of ballot ? May he vote 
on other occasions ? 

107. Who presides at the organization of the House of Representa- 
tives? 

108. Is the Clerk of the House a Representative? 

109. How are Committees appointed in the Senate and House of 
Representatives ? 

110. Who are most vitally interested in an international copy- 
right, — publishers or authors ? Why ? 

111. Upon what principle are the English and American copyright 
laws based ? 

112. Does the Constitution recognize the absolute right of an author 
to control forever the publication of his work ? 

113. Suggest a plan for expediting the transaction of business in 
Congress. 

114. How does our House of Representatives compare with the 
British House of Commons in numbers? 

115. Is an absolutely fair basis of representation in the House 
possible under our present system of apportionment ? 

116. When was the franking privilege abolished? 

117. What are the duties of the Vice-President? 

118. A large number of women in Massachusetts, who are neither 
minors, paupers, criminals, lunatics, nor idiots, but responsible citizens 
and taxpayers, (those in Boston alone paying in a single year $1,448,- 
479,) respectfully asked the Legislature of that State that they might 



TEST QUESTIONS AND RECREATIONS. 215 

be allowed a voice in the form of municipal suflfrage. Was their re- 
quest a reasonable one? Prove it. 

119. Has municipal suffrage been granted to women in Scotland ? 
In England? 

120. In what part of the United States has full suffrage been 
granted to women, and been acknowledged for twelve years to be an 
unmixed benefit to the community ? 

121. Is partial sufirage allowed to women in any of our States? 

122. Are women allowed to hold office in any of our States ? 

123. In not allowing women to vote, do we violate any principle 
which we fought to establish in the Bevolution and tried to secure in 
adopting the Constitution ? 

124. The adoption of postal savings-banks was delayed because it 
was thought that the Government would injure private enterprise. Is 
the objection well founded ? 

125. In the last three years about three hundred millions of gold 
and silver currency have disappeared from circulation. If postal 
savings-banks were opened, is it likely that this hoarded sum would 
flow into them? 

126. Under what circumstances can a small minority of the Grand 
Jury prevent the finding of a true bill ? 

127. In our Congress members of the Executive branches of the 
government cannot be Senators or Representatives. Is this true in 
the British Parliament ? 

128. Can a tax collector, by law, collect a tax from a foreigner who 
has been in this country six years, but has not taken his naturalization 
papers out yet ? 

129. What is the present amount of our national debt? 

130. Is an amendment to the Constitution necessary before the right 
of suffrage can be extended to women ? 

131. Are the essential requisites of voters indicated in the Consti- 
tution ? 

132. Does the right to vote imply the right to be voted for ? 

133. Are Chinamen allowed to be naturalized? 

134. Have we any Japanese voters ? 

135. Has any act of amnesty ever been passed which removed the 
disabilities of Jefferson Davis? 



216 HAND-BOOK OF CIVIL GOVERNMENT. 

136. Why do we sometimes hear of " long " and " short" Senatorial 
terms? 

137. Is it necessary for a man born in a foreign land, but who has 
lived in this country since he was three years old, to take out natural- 
ization papers in order to vote ; and, if so, what is the proper course 
to pursue? 

138. When an Amendment to the Constitution has been proposed 
by two-thirds of both Houses of Congress, is the approval of the 
President necessary ? 

139. If a State rejects an Amendment a hundred times, and then 
ratifies it, does the ratification count just the same as though it had 
been made on the first vote ? 

140. In a time of rebellion, is a ratification of a proposed Amend- 
ment by the Legislatures of three-fourths of the loyal States sufficient 
to make the Amendment valid? 

141. Is the moral influence of the Constitution in favor of universal 
sufirage ? 

142. How were the States which seceded from the Union regarded 
by the National Government during and immediately after the Re- 
bellion ? 

143. How were the seceded States after the Civil War reconstructed 
and restored ? 

144. What was necessary before the Articles of Confederation could 
be altered or amended ? 

145. Have two-thirds of the Legislatures ever applied to Con- 
gress to call a Convention for the purpose of amending the Con- 
stitution ? 

146. How many modes are there of proposing amendments ? How 
many modes of ratification ? 

147. Who pays the expenses connected with the arrest and delivery 
of a fugitive from justice who is found in another State ? 

148. Which Amendment settled a question which caused more dis- 
turbance in our government than all other questions combined ? 

149. Does the Constitution define a republican form of govern- 
ment? 

150. Would it have been the duty of the United States to protect 
each State against invasion and domestic violence, if there had not 
been a special provision to that eflfect inserted ? 

151. Which Amendment defines the word citizen f 



TEST QUESTIONS AND RECREATIONS. 217 

152. Is every citizen of a State also a citizen of the United States ? 

153. Can a man be a citizen of the United States and not a citizen 
of any particular State ? How ? 

154. Can a citizen leaving one State and coming into another claim 
any rights and privileges which were peculiar to the State which he 
left? 

155. Describe the "Civil Rights Bill." Why was it proposed? 
How was it passed? When did it become a law ? 

156. Was the emancipation of a slave exactly equivalent to the 
naturalization of an alien or foreigner ? 

157. What is extradition ? 

158. Show that the powers of the Courts are judicial and not 
•political. 

159. If a State should vote to ratify an amendment to the Con- 
stitution, and then withdraw its ratification, which vote must be 
counted ? 

160. Since the organization of the Supreme Court, how many acts 
of Congress have been pronounced void for unconstitutionality? 
Give a history of each case. 

161. Where are crimes committed on the high seas tried? 

162. Can there be any conviction in our courts unless the jury are 
unanimous ? 

163. Is the word citizen defined in the original Constitution ? 

164. Why was the fourteenth amendment adopted? 

165. Which Amendment relieved the dignity of the States and 
weakened the power of the national judiciary to do justice to the 
citizen ? 

166. Can a citizen of one of the Territories or of the District of 
Columbia bring a suit in a United States Court ? 

167. Can Congress limit or obstruct the power of the United States 
Courts? 

168. Can Congress alter or amend the Constitution? 

169. Can Congress repeal or amend their own statutes ? 

170. Prove that the legislative power of Parliament is broader than 
that of our Congress, and, as a consequence, that the province of the 
British Courts is narrower than that of ours. 

171. " The National Courts, which are open to the citizens of every 
X9 



218 HAND-BOOK OF CIVIL GOVERNMENT. 

State, and even to aliens, are, notwithstanding, closed against a por- 
tion of the citizens of the United States." Explain how this is. 

172. Can a direct suit be brought against the United States, either 
by a citizen or a State, without the authority of an act of Con- 
;? 



173. How may claims be made against the United States ? 

174. Are officers of the General Government liable to be sued for 
acts performed in the regular discharge of their official duties ? 

175. What is meant by judicial jurisdiction ? 

176. Can Congress establish more than one Supreme Court? 

177. Does the power to establish post-roads give Congress the power 
of making internal improvements ? 

178. Ought the electric telegraph to be managed by the Govern- 
ment ? 

179. Is there any danger of a conflict between civil and military 
courts in time of war ? 

180. Has Congress power to levy a direct tax upon the District of 
Columbia and the Territories ? 

181. K the President pro tempore of the Senate, or the Speaker of 
the House, should be called upon to act as President, he would act 
till a new President could be elected. When would such special 
election be held? 

182. Why was the Eleventh Amendment adopted ? 

183. Has any effi3rt ever been made to secure an international 
coinage? 

184. What is the " Metric System " ? Has it been legalized in this 
country ? 

185. About how many postmasters are appointed by the President ? 
How many by the Postmaster-General ? 

186. How does the amount of money paid for the transportation of 
mail compare with the sum paid in salaries to postmasters ? 

187. What are the present rates of postage ? 

188. What were the postage rates between 1792 and 1799? 1799 
and 1816? 1816 and 1845? 1845 and 1851? 1851 and 1863? 

189. When was the law " that no other than a free white person 
shall be employed in conveying the mail " repealed ? 

190. Who regulated the value of coin under the Confederation ? 



TEST QUESTIONS AND RECREATIONS. 219 

191. Is it likely that a change in the relative values of gold and 
silver will make another change necessarv in our coinage before many 
years? 

192. In what year was silver made a legal tender for only five 
dollars? 

193. What is the difference, at the present time, between the real 
and nominal value of the silver coins ? 

194. If Congress did not regulate the value of foreign coin, who 
would ? 

195. Does the Constitution mention the issuing of "bills of credit" 
among the powers of Congress ? 

196. Does the Constitution authorize Congress to make Treasury 
notes, or gold and silver, a legal tender ? 

197. When was a stringent law passed by Congress to punish crimes 
against the naturalization laws ? 

198. If there is a national law of bankruptcy to the contrary, could 
a State release a debtor from debts already incurred, or pass laws 
affecting the citizens of other States ? 

199. What allowance was made to the debtor adjudged bankrupt 
by the law of 1800 ? 1841 ? 1867 ? 

200. What proportion of creditors was compelled to give their 
assent to the discharge of a debtor by the law of 1841? 

201. How are bankrupts treated in England and France? 

202. Distinguish between a legal and a moral obligation. 

203. Has any State extended the right of voting to persons of foreign 
birth not naturalized ? 

204. Can aliens hold real estate in the United States ? 

205. What disabilities does naturalization remove, and what rights 
and privileges does it confer ? 

206. Can the President and Senate naturalize whole communities, 
without reference to the sections of the act prescribing the rule of 
naturalization ? 

207. Has the power to establish a uniform rule of naturalization 
exhausted the power of Congress over the subject ? 

208. When Texas, with all its people, was admitted into the Union, 
were the naturalization laws violated ? 

209. Is an Indian tribe a foreign nation ? 



220 HAND-BOOK OF CIVIL GOVERNMENT. 

210. Does the admission to citizenship of those who have been sub- 
jects of other governments imply the right of expatriation ? 

211. Have we any law expressly declaring the right of expatria- 
tion? 

212. Have any treaties been made by the United States in which 
provision has been made for the mutual naturalization of citi- 
zens? 

213. When did naturalization cease to be restricted to whites in 
the United States ? 

214. Does the National Government exercise a practical control over 
the States, in respect to the political rights to be conceded to persons 
not natives of the country ? 

215. Can the bonds of the United States be taxed, even if the bonds 
themselves contain no stipulation to that effect ? 

216. Has Congress, under the power to " regulate commerce," ever 
prohibited American merchant vessels from leaving port ? 

217. Has Congress ever passed an act to prohibit the importation 
of certain goods from any specified foreign country ? 

218. When did Congress interdict commercial intercourse between 
the United States and Great Britain and France? 

219. Can any of the States or individuals purchase lands from the 
Indians ? 

220. Upon what three things have direct taxes usually been laid ? 

221. Why was a direct tax levied in 1861 ? 

222. How many of the loyal States and Territories assumed the 
payment of the direct tax laid in 1861 ? 

223. Is the owner of a gold watch required to pay a tax ? 

224. What taxes are required to be uniform ; and what kind must 
be in proportion to the population of the State ? 

225. When were United States Bonds first generally purchased by 
the people ? 

226. Why were the names seven-thirties, ten-forties, jive-twenties, etc., 
given to certain United States loans ? 

227. Can a summons be served on a Senator or Eepresentative while 
on his way to or from the seat of government ? 

228. How long is it since the sovereign of Great Britain has exer- 
cised the veto power ? 



TEST QUESTIONS AND RECREATIONS. 221 

229. Has Congress ever levied a general tax on all the property of 
the country ? 

230. Which State Constitution prohibits poll taxes, and requires 
that all property shall be taxed equally ? Ohio's. 

231. How has the General Government usually derived its reve- 
nues ? 

232. How many times was a direct tax iaid previous to 1860 ? 

233. Is the Constitution itself a Bill of Rights? 

234. Is any distinction to be made between the people and the 
government in the United States ? 

235. The Senators from Ohio took their seats in 1803. One of 
them was placed in the first class and the other in the third. When 
did the term of each expire ? 

236. How is a Congress measured ? 

237. When a vacancy is temporarily filled by Executive appoint- 
ment, how long does the Senator thus appointed hold his office ? 

238. Are Senators and Representatives bound by the " instructions" 
of those who elect them ? 

239. If Rhode Island and North Carolina had refused finally to 
ratify the Constitution, what would have been their relations to the 
United States ? 

240. How many Amendments have been proposed by Congress? 
How many have been ratified by the requisite number of States ? 

241. By whose authority were the Amendments appended to the 
Constitution, as a series of distinct provisions, instead of being incor- 
porated into the text? 

242. In whose interest was the Bill of Rights excluded from the 
original Constitution? 

243. Are the States prohibited in the Constitution from having an 
established religion ? 

244. Has any efibrt ever been made to introduce a religious test as 
a qualification for office under the United States ? 

245. Has any attempt ever been made to secure an express recog- 
nition of God in the Constitution ? 

246. Were the Articles of Confederation ever regarded as anything 
more than a provisional Constitution ? 

247. Did the people, in whose name the Declaration of Indepen- 
19* 



222 HAND-BOOK OF CIVIL GOVERNMENT. 

dence was made, on the fourth of July, 1776, have anything to do 
with the Articles of Confederation ? 

248. What State sent no delegate to the Convention that framed 
the Constitution ? Why ? Did it afterwards adopt it ? 

249. When the tenth article of Amendments was under consideration 
in Congress, there was an effort made to insert the word " expressly " 
before "delegated." If the effort had been successful, what effect 
would it have had upon the interpretation of the Amendment ? 

250. Is it true that, because certain rights are admitted as belong- 
ing to the people, all other rights are surrendered to the Govern- 
ment? 

251. The ratification of nine States was sufficient for the establish- 
ment of the Constitution. How many States would be required to 
abolish it? 

252. Is an Amendment to the Constitution binding upon a State 
which does not give its assent ? 

253. What State rejected the Constitution and afterwards adopted 
it? 

254. Does the Constitution prevent a State from applying a religious 
test to its own officers ? 

255. Give the date of the adoption of each amendment to the 
Constitution. 

256. To what clause in the Constitution was Delaware indebted for 
its representation in Congress in 1860 ? 

257. If each State had, at the present time, one Eepresentative for 
every thirty thousand inhabitants, how many members would i\\Q 
House of Kepresentatives contain ? 

258. Are the privileges of citizenship derived from the States or 
from the National Government ? 

259. Has any State the right to become an asylum for crimi- 
nals? 

260. While an oath is obligatory upon all officers. State and Na- 
tional, there is no provision in the Constitution empowering Con- 
gress to pass a law enjoining the oath. How has this difficulty been 
met? 

261. What is known as the "Iron-clad oath"? How has it been 
modified from time to time ? 

262. When is an affirmation accepted instead of an oath? 



TEST QUESTIONS AND RECREATIONS. 223 

263. Has the United States Government a constitutional right to 
acquire territory ? Give proofs. 

264. How many times do the words "slave" and "slavery" occur 
in the Constitution ? 

265. Where are import duties required to be paid ? 

266. Is Congress compelled to admit new States ? 

267. Can Congress compel the people of a Territory to become a 
State? 

268. Can Congress dispose of a State ? 

269. Would Congress have had the power granted in Article 4, Sec- 
tioH III., Clause 2., if the clause had not been inserted in the Consti- 
tution? 

270. Does the Constitution anywhere authorize the General Govern- 
ment in express terms to enlarge the national domain by purchase, 
conquest, annexation, or any other mode ? 

271. The Ordinance for the Government of the Territory north- 
west of the Ohio Kiver was passed in 1787, while the Convention 
which framed the Constitution was in session. Was the Ordinance 
binding after the Constitution was adopted ? 

272. How was the power of the General Government to make all 
needful rules and regulations for the Government of Territories called 
in question in 1856? 

273. Can the people of a territory prevent Congress from organiz- 
ing a territorial government ? 

274. When a citizen of a State goes to reside in a Territory, does 
he carry with him his civil rights. That is, has he any longer a voice 
in the election of President, member of Congress, or the Governor of 
the Territory ? 

275. As a Territory is not compelled to become a State, can a State 
be compelled to remain a State ? 

276. Is there such a thing in our governmental system as a State 
out of the Union ? 

277. The various acts of Congress had nothing to do with the 
slave-trade as between the several States. How was that matter 
regulated ? 

278. What clause in the Constitution enables parents to get control 
of their children when illegally held in custody by others ; and also 
provides a way by which sane persons may be set at liberty who are 
confined under pretence of insanity ? 



224 HAND-BOOK OF CIVIL GOVERNMENT. 

279. Does the Constitution determine whether the right to suspend 
the writ of habeas corpus belongs to Congress, or to the President, or 
both? 

280. Would a law abolishing imprisonment for debt be an ex post 
facto law, even though it should apply to past contracts ? 

281. Where has the Constitution conferred on Congress, or any 
other department of Government, any distinct power to suspend the 
writ of habeas corpus f 

282. How is it evident that the framers of the Constitution supposed 
that Congress might wish to pass bills of attainder and ex post facto 
laws? 

283. Would a judgment rendered in Ohio, and held to be conclu- 
sive there, also be conclusive in New York ? 

284. W^hy were the first ten Amendments adopted ? 

285. In the Fourteenth Amendment the States are prohibited from 
doing what the Fifth Amendment prohibits. If the Fifth applies to 
the State governments, what need of the same prohibitions in the 
Fourteenth ? 

286. Is it treason to conspire to levy war against the United States ? 

287. " During the late civil war, two steamers belonging to a steam- 
ship company had been seized for the rebel service. Subsequently, 
payment was offered for them to the agent of the company, when he 
was informed by the Government that acceptance of payment from 
the rebels would be treated as an act of treason against the United 
States." W^hy was this treason ? 

288. Are mutilated coins counterfeits? 

289. Can the son of a public minister, born in England, be Presi- 
dent of the United States? 

290. Can a men make an article that is patented for his own indi- 
vidual use without being compelled to pay a royalty to the owner of 
the patent ? 

291. Have we any National Bankrupt Law at the present time? 

292. Can colored people sue for damages under the Fifteenth 
Amendment unless they can prove citizenship? 

293. Has Alaska any organized government ? 

294. A., B., and C. are candidates for an office, and receive respect- 



TEST QUESTIONS AND RECREATIONS. 225 

ivelj 30, 25, and 24 votes. Was there an election of either candidate 
by an absolute majority of all the votes cast ? Was there an election 
by a plurality ? 

295. Is it necessary for a man born in a foreign land, who has lived 
in this country since he was three years old, to take out naturalization 
papers in order to vote ? 

296. In our Congress, members of the Executive branches of the 
Government cannot be Senators or Eepresentatives. Is this so in the 
British Parliament ? 

297. Can the President pro tempore of the Senate delegate a Senator 
to take his place, which can only be filled by an election by the 
Senate ? 

298. " My father came to this country from Scotland, accompanied 
by his family, in 1873. He took out his naturalization papers about 
a year ago (1882). In the meantime I have attained my majority. 
Can I vote on the strength of coming into the country under age? 
Or must I apply for naturalization papers myself?" 

299. Could 60,000 Chinese laborers be brought through this country 
from Cuba to China, or vice versd, as the law now stands? 

300. It has been suggested that the people of the whole Union 
should vote directly for President and Vice-President, with judicious 
safeguards for the determination of the legal vote of each State, and 
declare the men elected who receive the highest number of votes. 
What is the objection to this method ? 

301. Mr. Garland proposed a bill in the Senate to provide for the 
Presidential succession, as follows: "In case of the removal, death, 
resignation, or inability of both President and Vice-President of the 
United States, the Secretary of State, for the time being ; or, if there 
be no Secretary of State, then the Secretary of the Treasury, for the 
time being ; or, if there be neither Secretary of State nor Secretary of 
the Treasury, then the Secretary of War, for the time being, shall act 
as President, until the disability be removed or a President be elected 
in the manner and at the time provided in the Constitution and laws, 
or, in case there be no occasion under the law for an election, until 
the existing term of office of the President so removed, resigned, dead, 
or disabled shall have expired." Criticise this bill. 

302. A bill was proposed and passed in the House of Eepresenta- 
tives, Feb. 6, 1882, that no territorial delegate should be entitled 
to a seat in the House who is guilty of bigamy or polygamy. The 

P 



226 



HAND-BOOK OF CIVIL GOVERNMENT. 



Mormon religion sanctions polygamy. Is this bill in effect a religious 
test? 

303. Who signs death-warrants in the District of Columbia? 

304. If General Grant had a son born in England while traveling 
there, would that son be eligible to the office of President of the 
United States? 

305. Would the son of an American Consul, born while his parents 
were abroad, be eligible to the office of President of the United States ? 

306. What is the Smithsonian Institution ? 

307. Is any express provision made in the Constitution for electors 
of the Vice-President ? 

308. Does the Constitution provide for the compensation of the 
Vice-President ? 





An Explanation of Legal Terms 
AND Phrases. 



»>•« 



Accomplice. One of several impli- 
cated iu a felony or crime, but 
not necessarily present at its com- 
mission. 

Acknowledgment. The declaration 
or avowal of one's signature, or 
of the validity of a document to 
which one's name is signed. 

Act. A decree of a court of justice 
or edict of a legislature ; a statute, 
a law. 

Administrator. One who takes 
legal charge of the property or 
estate of a person dying intestate, 
and is accountable for the same. 

Administratrix. A female admin- 
istrator. 

Admiralty. The power of oflficers 
appointed for the administration 
of naval affairs ; a board of na- 
val commissioners ; a jurisdiction 
which takes cognizance of naval 
or of maritime affairs. 

Affidavit. A declaration on oath 
in writing, sworn to before some 
person who has authority to ad- 
minister it. 

Affirmation. A solemn '^«»claration 



answering to an oath, made by 
Friends, Moravians, and others, 
under penalties of perjury. 

A fortiori. "With stronger reason ; 
with greater probability. 

Agency. The office or business 
of a person acting for or in- 
trusted with the business affairs 
of another. The person so acting 
is called the agent ; the one acted 
for is called the principal. 

Alias. Otherwise called. An as- 
sumed name. A second or further 
writ issued after the first capias 
or judicial writ commanding the 
sheriff to take or arrest a party 
named. 

Alibi. The plea of a person who, 
to prove himself innocent of 
an offence or crime, alleges that 
he was elsewhere, or at another 
place, at the time the act was 
committed. 

Alien. A .foreigner who is a resi- 
dent or subject ; or one born in a 
foreign country, and never nat- 
uralized. 

Alimony. An allowance to which 
227 



228 



HAND-BOOK OF CIVIL GOVERNMENT. 



a married woman is entitled, upon 
a legal separation from her hus- 
band, when she is not chai-ged 
with adultery or an elopement. 

Allegiance. The fidelity or obedi- 
ence which a citizen or subject 
owes to the government or sov- 
ereign. 

Ambassador. A public minister 
of the highest rank sent on pub- 
lic business from one sovereign 
power to another. 

Amnesty. An act of oblivion or 
indemnity; a general pardon or 
freedom from penalty granted to 
those guilty of some crime or 
offence. 

Apprenticeship. A relation estab- 
lished by a written agreement, by 
which a minor, with the consent 
of his parents, agrees to serve as 
a servant in some trade or em- 
ployment for a certain term of 
years. 

Appurtenances. Minor rights or 
])roperty connected with real es- 
tate, such as door.-keys, etc. 

Arbitrator. A disinterested per- 
son, to whose judgment or deci- 
sion matters in dispute are sub- 
mitted by the consent of the 
parties concerned. An umpire, 
or referee. 



Arrest. A seizure of a person or 
persons in execution of some legal 
process. 

Arrest of Judgment. An order of 
a court directing that no judg- 
ment be rendered in a case, on 
account of an error of law in the 
proceedings. 

Arson. The act of voluntarily and 
maliciously burning the house of 
another. 

Articles of Confederation. The 
form of government adopted by 
the States for their union during 
the Revolution, and remaining 
in force until the present Consti- 
tution was adopted. 

Assassin. One who kills, or at- 
tempts to kill, by violence and 
treachery or secret assault. 

Assault. An attempt by violence 
to do corporal injury to another. 
If the person be actually touched, 
it is battery. 

Attachment. An apprehension by 
virtue of precept or writ, differ- 
ing from an arrest, inasmuch as it 
lays hold of the goods as well as 
the person. 

Attainder. Corruption of blood, or 
extinction of civil rights, in con- 
sequence of being condemned for 
a capital crime. 



Bail. A release of a prisoner on 
security for his appearance in 
court ; the person or persons who 
give the security ; the sum given 
as security. 

Bailable. A crime or offence is said 
to be bailable, when the party is 
entitled, after arrest, to be dis- 
-charged on giving bail. 



Bail-bond. A bond given by a 
prisoner to insure his appearance 
in court. 

Bailee. The person to whom goods 
are delivered in trust or under se- 
curity. 

Bailor. One who bails or delivers 
goods in trust. 

Ballot. A little ball, a slip of paper. 



LEGAL TERMS AND PHRASES. 



229 



or anything which is used in giv- 
ing a secret vote. 

Bankrupt. One who has been de- 
clared by a court to be unable to 
pay his debts. 

Bequest. Something left by will ; 
a legacy. 

Bigamy. Marriage with a second 
while still possessing a first hus- 
band or wife. 

Bill, A formal complaint, in writ- 
ing, to a court of justice; as, a 
hill in equity ; a hill of indict- 
ment by a grand jury ; a record, 
or written statement of proceed- 
ings in an action ; as, a hill of ex- 
ceptions; a written statement of 
the terms of a contract, or speci- 
fication of the items of a demand 
or counter-demand; as, a hill of 
exchange; 2i hill of sale ; a hill of 
credit; a bill of particulars; a 
draft of a proposed act presented 
to a legislature ; a proposed or pro- 
jected law. 

Bill of Credit. Paper issued by the 
authority of a State on the faith 
of the State, and designed to cir- 
culate as money. 

Bill of Exceptions. A formal state- 
ment in writing of exceptions 



taken to the opinion, decision, or 
direction of a judge, delivered dur- 
ing the trial of a cause. 

Bill of Particulars. A written speci- 
fication of the particulars of the 
demand for which an action at 
law is brought, or of a defendant's 
set-oflf against such a demand. 

Bill of Rights. A formal declara- 
tion in writing of popular rights 
and liberties, usually expressed in 
the form of a statute, and pro- 
mulgated on occasions of revolu- 
tions, or the establishment of new 
forms of government, or new con- 
stitutions. 

Bona fide. In good faith. 

Bond. A writing of obligation, 
under seal, to pay a sum, or to 
perform a contract. 

Bribery. The crime of taking or 
giving bribes, or of offering or 
receiving a reward in order to in- 
fluence action in any office, or to 
bias a voter in an election. 

Burglary. The crime of breaking 
open, and entering the dwelling- 
house of another, in the night, 
with intent to commit felony, 
whether the purpose be accom- 
plished or not. 



Cabinet. The collective body of 
men who direct the government 
of a nation, or who are the consti- 
tutional advisers of the chief exec- 
utive officer of a State or nation. 

Capital crime. A crime punished 
by death. 

Capital punishment. A punish- 
ment that takes away life. 

Census. The numbering or count- 
ing of a people, and the valuation 
20 



of their property, made in this 
country every ten years. 

Charter. A written instrument con- 
ferring certain privileges or 
rights. 

Check. An order for money on a 
bank or banker. 

Client. One who employs an attor- 
ney or counselor. 

Codicil. An addition or supple- 
ment to a will. 



230 



HAND-BOOK OF CIVIL GOVERNMENT. 



Commission. A document or writ- 
ing investing one with authority 
in oflfice, especially the warrant 
by which an officer is empowered 
to take possession and perform 
the duties of a particular office 
for which he is named. 

Concurrent. Acting together. As- 
sociated. Having the same right 
or claim ; equal in authority ; as, 
concurrent jurisdiction. 

Confederation. A league ; an alli- 
ance. The States united by a 
common agreement. 

Confiscation. The transfer of pri- 
vate property to public use. 

Congress. A meeting of delegates 
or representatives to enact laws, 
and consult upon matters of com- 
mon interest. A national legisla- 
ture. 

Consanguinity. Relationship by 
blood, or by descent from a com- 
mon ancestor. 

Consideration. What is given, 
done, or promised, as the cause 
or reason for which a person en- 
ters into an agreement. 

Consignee. The persons to whom 
articles of merchandise, or a ship 
and cargo, are consigned, or es- 
pecially directed. 

Consignment. The act of consign- 
ing. Delivery. The goods or 
property sent. 

Consignor. The person who makes 
a consignment. 

Conspiracy. A combination of per- 
sons for an evil purpose, espe- 
cially a plot against a government. 

Constable. An officer charged with 
the preservation of the peace, and 
with the execution of warrants 
issued by justices of the peace 
and other magistrates. 



Constituent. A person who deputes 
another to act for him, especially 
in political matters. 

Constitution. The body of funda- 
mental laws, as contained in writ- 
ten documents or established by 
prescriptive usage, which consti- 
tute the form of government for 
a nation. State, community, asso- 
ciation, or society. 

Consul. An officer commissioned 
to reside in a foreign country, 
chiefly for the purpose of pro- 
tecting the interest of such of his 
fellow-citizens as have commer- 
cial relations with that country, 
and keeping his own country in- 
formed concerning matters of 
trade affecting the public welfare. 
To these duties are sometimes 
added those of a diplomatic char- 
acter, in the absence of an am- 
bassador or other political agent. 

Continental Congress. A congress 
of delegates from the States dur- 
ing the American Revolution. 
It was called Continental in con- 
tradistinction to the Provincial 
Congress of single States. 

Contraband. Illegal traffic. Arti- 
cles, the importation or exporta- 
tion of which is prohibited by 
law. 

Contract. An agreement or cove- 
nant between two or more per- 
sons, based on a consideration, 
promising to do, or refrain from 
doing, certain things which are 
not prohibited by law. 

Conversion. An appropriation of 
property ; one of the grounds of 
an action to recover the value 
of personal goods or chattels 
wrongfully converted by another 
to his own use. 



LEGAL TERMS AND PHRASES. 



231 



Conveyance. The act of transfer- 
ring property from one person to 
another. The instrument by 
which the transfer is made. 

Convict. A person found guilty of 
a crime by a competent court. 

Conviction. Proving guilty of a 
crime by the verdict of a jury and 
the judgment of a court. 

Copartner. One connected with 
another in the transaction of 
business. A sharer. 

Copartnership. Joint concern in 
any business or property. 

Copyright. The exclusive right 
allowed by law to an author, or 
to his representatives, of printing, 
publishing, and selling a literary 
composition during a certain 
period of time ; applied, also, to 
a similar exclusive right to print 
and publish maps, charts, prints, 
cuts, engravings, and musical 
compositions. 

Coroner. An officer whose duty is 
to inquire, by a jury of proper 
persons and upon the view of the 
dead body, how any casual or 
violent death was occasioned. 

Corporation. A body of men cre- 
ated by law for the transaction 
of business, and endowed with 



the capacity of perpetual succes- 
sion. 

Corporator. A member of a cor- 
poration. 

Counsel. An advocate or lawyer, 
authorized by law to give advice 
and aid in legal proceedings. 
The advice and aid so given. 

Counselor. A person authorized 
by law to give legal advice, and 
I to conduct cases in court. 

Court. A judicial tribunal com- 
posed of one or more judges who 
are authorized to hear cases. 

Covenant. A mutual promise in 
writing, sealed and executed, be- 
tween two or more persons, to 
do or forbear doing a specific 
act or specific acts ; a promise by 
deed. 

Covenantee. The party covenanted 
with. 

Covenantor. The party who makes 
the covenant. 

Crime. An ofience against the laws 
of the land to which there is a 
penalty attached. 

Criminal. A person guilty of a 
crime. 

Crown. A word used as the equiv- 
alent for king, sovereign, or reign- 
ing monarch. 



D. 



Days of Grace. Notes and bills 
payable by their terms on a fixed 
day are not really due until the 
third day thereafter. These days 
are called days of grace. If the 
last day of grace fall on Sunday 
or a legal holiday, it is due the 
day before. 

Debt. A sum of money due. 

Debtor. One who owes a debt. 



Declaration of Rights. A declara- 
tion published by the Continental 
Congress, October 14, 1774. 

Decree. The judgment of a court 
of equity or admiralty, answering 
to the judgment of a court of 
common law. An edict of a ruler 
or body of men in authority, hav- 
ing the force of a law. 

Deed. An instrument in writing 



232 



HAND-BOOK OF CIVIL GOVERNMENT. 



upon paper or parcliment, be- 
tween parties able to contract, 
and duly sealed and delivered. 

Defaulter. One deficient in his 
accounts, or who fails to appear 
in court when called for. 

Defendant. The party against 
whom a suit is brought in court. 

Defense. A denial by the defend- 
ant of the truth or validity of the 
plaintiff's complaint; the answer 
made by defendant to the plain- 
tiff's action, by demurrer or plea 
at law ; that which is done by the 
defendant to embarrass, delay, or 
defeat a plaintiff's action. 

Demise. The conveyance of an 
estate either in fee, for life, or for 
a term of years ; a lease. 

Demurrer. An issue between a 
plaintiff and a defendant on a 
matter of law, importing that the 
objecting party will not proceed, 
because no sufiicient statement 
has been made on the other side, 
but will wait the judgment of the 
court whether he is bound to an- 
swer. 

Deponent. One who makes a depo- 
sition ; one who gives, under oa<:h , 
testimony which is reduced to 
writing ; one who makes oath to 
a written statement. 

Deposition. The act of giving tes- 
timony on oath, which is reduced 



to writing and signed, to be used 
afterwards on the trial of a 
cause. 

Descent. Transmission by succes- 
sion or inheritance. 

Devise. The disposition of lands 
or other real property by will. 

Devisee. The person to whom the 
devise is made. 

Devisor. The person who makes a 
devise. 

Disfranchisement. Depriving of 
the rights of citizenship, such as 
voting or holding office. 

Divorce. The dissolution of a mar- 
riage contract. 

Domicile. An abode or permanent 
residence. 

Donation. A gift. 

Donee. The party to whom a gift 
is made. 

Donor. The person who makes the 
gift. 

Dower. That portion, usually one- 
third, of a man's lands and tene- 
ments to which his widow is 
entitled, after his death, to have 
and to hold for the term of her 
natural life. 

Duress. The state of compulsion 
or necessity in which a person is 
induced, by the restraint of his 
liberty or menace of bodily harm, 
to execute a deed, or do any legal 
act, or commit a misdemeanor. 



E. 



Edict. An order issued by a sov- 
ereign to his subjects. 

Ejectment. A species of mixed 
action for the recovery of the pos- 
session of real property, and of 
damages and costs, for the unlaw- 



ful detention of them. Expul- 
sion or dispossession. 

Elector. One who has the right 
of voting. A voter. 

Embargo. The prevention of the 
sailing of vessels from a port by 



LEGAL TERMS AND PHRASES. 



283 



order of government, generally 
on account of war or danger. 

Embezzlement. The appropriation 
to one's use or benefit of property 
or money intrusted to him by 
another. 

Endowment. Permanent provision 
for the support of a person or an 
institution. 

Equity. Right or justice as con- 
templated by the law of nature. 

Estate. The title or interest which 
a man has in his lands or tene- 
ments. 

Eviction. The depriving one of 



lands which he has in posses- 
sion. 

Excise. A tax levied upon various 
commodities of home consump- 
tion which are produced in the* 
country. 

Execution. The act by which pos- 
session is given of body or goods ; 
the writ which empowers an offi- 
cer to carry out a judicial sen- 
tence. 

Executor. The person to whom is 
intrusted the carrying out of the 
provisions of the will of a tes- 
tator. 



Fealty. Fidelity to one's govern- 
ment or sovereign. Allegiance. 

Fee. An estate of inheritance of 
which the holder has the entire 
disposal without condition, and 
which is transmissible to his 
heirs. 

Felon. One who has committed a 
crime punishable by death or im- 
prisonment. 

Felony. A crime which occasions 
the forfeiture of lands or goods, 
or both, and for which a capital 
or other punishment may be in- 
flicted according to the degree of 
guilt. 

Fine. A sum of money imposed by 
a court for the commission of a 
crime. 

Foreclosure. The process of tak- 
ing away the power of redeeming 
a mortgage. 



Forgery. The act of fraudulently 
making, counterfeiting, or alter- 
ing any record, instrument, reg- 
ister, stamp, note, etc., to the 
prejudice of another's right. 

Franchise. A certain privilege or 
exemption bestowed by grant 
from the government, and vested 
in individuals. 

Fratricide. A murderer of a bro- 
ther or sister. 

Fraud. Deliberate deception for 
the purpose of obtaining unfair 
and unlawful advantage in busi- 
ness matters. 

Freehold. An estate in land or 
other real property, held by a 
free tenure for life, or for some 
uncertain period; frank tene- 
ment. 

Freeholder. The owner of a free- 
hold. 



G. 



Government. Control exercised by 
the administration of laws. 
20* 



Grant. A transfer of property by 
a deed or writing. 



234 



HAND-BOOK OF CIVIL GOVERNMENT. 



Grantee. The person to whom a 

grant is made. 
Grantor. The person who makes 

a grant. 
Guardian. One appointed to have 



the custody of the person or prop- 
erty of an infant, or of a person 
incapable of directing his own 
aflfairs. The infant or person is 
called a ward. 



H. 



Heir. One who is entitled to the 
possession of any property after 
the death of the owner. One to 
whom anything descends by in- 



heritance, as distinguished from 
an alienee or a devisee. 
Homestead. One's dwelling-place 
with the adjoining land. 



I. 



Illegal. Contrary to law. 

Inalienable. That cannot be trans- 
ferred. 

Inchoate. Not complete or fin- 
ished. 

Informer. One who gives intelli- 
gence of the violation of some 
law or regulation. 

Inheritance. Right or property 
transmitted by the operation of 
law. 

Injunction. A writ granted by a 
competent court, or the judge 



thereof, commanding a specific 
thing to be done or refrained 
from. 

Inquest. An official examination 
in causes civil or criminal. 

Insolvency. Inability to pay one's 
debts. 

Insurgent. One who rises in open 
rebellion against the established 
government of his country. 

Intestate. Without a will, or with- 
out one made in due form of 
law. 



Judge. One who is invested with 
authority to determine questions 
at issue in a court of law, either 
civil or criminal. 

Judgment. The sentence of the 
law pronounced by the court 
upon any matter contained in the 
record, or in any case tried by the 
court. 

Judicial. Relating to, practised in, 
proceeding from, or issued by a 
court of justice. 

Judiciary. Pertaining to courts of 



justice. The branch of the gov- 
ernment that interprets the laws 
and administers justice. 

Jurisprudence. The science of law. 

Jurist. One versed in the law of 
the land. 

Juror. One who serves on a jury. 

Jury. A body of men summoned 
and sworn in court to inquire into 
the facts of a cause, and give a 
verdict accordingly. 

Jury-box. The place where the 
jurymen sit. 



LEGAL TERMS AND PHRASES. 



235 



Landlord. An owner of houses or 
lands leased to tenants. 

Larceny. Stealing. 

Lease. The temporary letting of 
real estate by the owner to an- 
other. 

Legacy. A gift of personal prop- 
erty by will. 

Legal. Permitted by law. 

Legatee. One to whom a legacy is 
made. 

Legislator. One who assists in 
making laws for a country. 

Legislature. The body of men 
who enact or repeal laws. 

Lessee. The person to whom prop- 
erty is leased. 



Lessor. One who leases property 
to another. 

Levy. The seizure of property on 
execution or tax warrant. To 
raise or collect. 

Lien. A legal claim on property, 
for which the property is liable. 

Litigant. One engaged as a party 
in a lawsuit. 

Litigation. A legal contest between 
parties in a court. 

Lunacy. The condition of an in- 
sane person who has lucid inter- 
vals, which formerly were sup- 
posed to depend upon the phases 
of the moon. 

Lunatic. One afflicted with lunacy. 



M. 



Magna Charta. The great charter 
granted by King John, and con- 
firmed by Edward III,, of Eng- 
land, which solemnly recognized 
certain enumerated rights, privi- 
leges, and liberties as belonging 
to the people, and which have 
ever since been incorporated in 
their constitution. 

Majority. The full age required 
by law to manage one's own busi- 
ness affairs. The part of any 
number which is greater than the 
other part, or than the sum of all 
the other parts ; more than half. 

Malefactor. One who is guilty of 
the commission of a crime. 

Malfeasance. The doing of what 
one ought not to do. 

Malicious. With wicked and un- 
lawful intentions. 

Manslaughter. The unlawful kill- 
ing of a man, though without 



malice or deliberate intention — 
either voluntarily, as in a sudden 
quarrel, or involuntarily, but in 
the commission of some unlawful 
act. 

Marshal. One whose duty is to 
serve the processes of the United 
States courts, and to do such 
things as usually devolve on the 
Sheriffs of State courts. 

Minor. A person of either sex 
under twenty-one years of age. 

Misdemeanor. An indictable crime 
less than a felony. 

Misfeasance. A trespass. 

Misnomer. The use of a wrong 
name, or mistaking the true name 
of a person. 

Misprision. Neglect or light ac- 
count of a crime. 

Mortgage. A conditional convey- 
ance of a property, usually as a 
security for the payment of a debt. 



236 



HAND-BOOK OF CIVIL GOVERNMENT. 



Mortgagee. The person to whom 

a mortgage is given. 
Mortgagor. One who makes a 

mortgage. 



Murder. The killing of a human 
being deliberately and mali- 
ciously, and with intent to eflfect 
death. 



N. 



Nation. The whole people of a 
country united under one gov- 
ernment. 

Native. One born in a place or 
country. 

Naturalization. The process by 
which an alien becomes a citi- 
zen. 

Negotiable. Transferable from 
one to another, with or without 
endorsement. 

Neutrality. Of neither side nor 
party ; particularly, the state of 



a nation which takes no part in 
a war between other nations. 

Nonsuit. A failure to follow up a 
cause; a relinquishment of a 
cause on the part of the plaintiff 
at the trial either voluntarily or 
by the order of the court. 

Note. A written promise to pay a 
certain sum of money at a speci- 
fied time. 

Nuisance. That which incom- 
modes or annoys. 

Nuncupative. Oral or verbal. 



o. 



Oath. An affirmation, declaration, 
or promise, made by calling on 
God to witness what is said, with 
sometimes an invoking of his 
wrath, or a renunciation of his 
favgr, in case of falsehood. 

Obligation. A bond with an an- 
nexed condition and a penalty 
for non-fulfilment. 

Obligee. The person to whom an- 
other is bound. 



gives a 



Obligor. The one who 
bond to another. 

Offence. An open violation or 
transgression of the law. 

Officer. Onelawfully invested with 
a civil or military office. 

Ordinance. A rule, law, or regu- 
lation established by authority. 

Outlaw. One excluded from the 
benefit, aid, or protection of the 
law. 



Pardon. Remission of a fault or 
crime, or of the penalty of a 
crime. An amnesty is a general 
pardon to a large number. 

Parliament. The supreme legisla- 
tive assembly of Great Britain 
and Ireland, consisting of the 



House of Lords and the House 
of Commons. 

Partner, One who shares with an- 
other in business transactions. 

Partnership. An association formed 
by contract between two or more 
persons for joining their money, 



LEGAL TERMS AND PHRASES. 



237 



labor, or skill in lawful business, 
the profits to be divided and the 
loss to be borne by the partners 
in certain proportions. 

Passport. Official authority to 
travel from place to place, by 
land or water, especially in for- 
eign countries. 

Patent. A grant made by the gov- 
ernment or sovereign of a coun- 
try, to some person or persons, of 
some privilege, property, or au- 
thority, or of the exclusive right 
to some new invention, discovery, 
or improvement. 

Patentee. The party who is the 
grantee of a patent from the gov- 
ernment. 

Pauper. A poor person supported 
by alms, or by public provision. 

Pawn. Something given as a secu- 
rity for the repayment of money 
borrowed, or for the fulfilment 
of a promise. 

Pawnee. One who receives a 
pawn. 

Pawnor. The person who deposits 
a pawn. 

Peer. An equal ; of the same rank. 
The word is ordinarily applied 
to the nobility of Great Britain. 

Penalty. Punishment, whether in 
property or in person, imposed 
by law or by a judicial decision. 

Pension. An allowance from a 
government for services rendered. 

Perjury. Knowingly swearing 
falsely to matters material, when 
a lawful oath has been adminis- 
tered, and the person has sworn 



to tell the truth, the whole truth, 
and nothing but the truth. 

Plaintiff. The party who brings a 
suit against another, for redress 
of some private wrong or breach 
of contract. 

Plea. The defence of the defend- 
ant in any suit, in denial or 
avoidance of the matter charged 
by the plaintiff. 

Pleadings. In actions at common 
law, allegations of the plaintiff 
or defendant. In equity, formal, 
written allegations or statements, 
of either party in a suit, to main- 
tain or defeat it. 

Plurality. A person is said to have 
a plurality of votes who has more 
votes than any other single can- 
didate for the same office. A 
person is said to have a majority 
of votes who has a larger number 
than all the other candidates 
have, adding all their other votes 
together. 

Policy. A writing or instrument 
containing acontract of insurance. 

Prima Facie. Literally, upon the 
first view or appearance. It is 
commonly applied to cases of 
evidence or presumption, where 
the meaning is to be taken to be 
sufficient to prove certain facts, 
until other evidence or presump- 
tions are introduced to control it. 

Prosecutor. One who institutes a 
suit in a court of law or equity. 

Pro tempore. For the time being. 

Punishment. A penalty inflicted 
by a court upon a criminal. 



Real. Fixed, 
estate. 



permanent, as 



R. 

real Realty 



Permanent, fixed, and im- 
movable property, as real estate. 



238 



HAND-BOOK OF CIVIL GOVERNMENT. 



Keceiver. One appointed by a 
court of chancery or equity to 
take possession of the property 
of a defendant, or property in 
litigation, and to hold the same 
and apply the profits, or dispose 
of the property itself, under the 
direction of the court. 

Referee. One to whom matters in 
dispute are referred for decision. 
An umpire. 

Release. A surrender in proper 
form of some claim or right. 



Rent. That which is paid for the 
use of houses or lands. 

Replevin. The name of a process 
at law for recovering possession 
of goods or chattels which have 
been wrongfully retained. 

Reprieve. A postponement or sus- 
pension of an execution, for a 
specified time, by the proper au- 
thority. 

Reversion. The return of an estate 
to the giver or his heirs, after the 
grant is determined. 



Salvage. A compensation for sav- 
ing or preserving a vessel or its 
cargo from wreck or loss. 

Sergeant-at-Arms. The officer of 
a legislative body who serves pro- 
cesses, hunts up absent members, 
and executes the orders of that 
body. 

Sheriff. The chief civil officer of a 
county, specially entrusted with 
the execution of the laws and 
the preservation of the peace. 

Slander. A false statement about 
another which injures him in his 
reputation or business ; such as a 
charge that he had been guilty 
of a crime, or has a malignant 
disease, or any falsehood which 
he can prove has injured him. 

Solicitor. An attorney in a court 
of equity. 

Solvency. Ability to pay all one's 
debts. 



Statute. An act or law passed by 
a legislature. 

Subpoena. A writ commanding the 
attendance, or appearance, of a 
witness, or a party in court, be- 
fore a judicial officer, under a 
penalty in case of disobedience. 

Suit. The prosecution of a claim 
or demand in a court of justice. 

Summons. A writ or process by 
which an action is commenced, 
the defendant being thereby sum- 
moned to appear in court to an- 
swer the plaintiff. 

Surety. One who becomes respon- 
sible for another. 

Surrogate. An officer who has 
jurisdiction in granting letters 
testamentary and letters of ad- 
ministration, and other matters 
relating to the settlement of the 
estates of testators and intes- 



Tenant. One who has possession 
or occupation for the time being 
of lands or houses. 



Tender. An offer of a sum of 
money in satisfaction of a debt or 
claim, by producing and showing 



LEGAL TERMS AND PHRASES. 



239 



the amount to the creditor, or 
party claiming it, and express- 
ing verbally a willingness to 
pay it. 

Tenure. The manner or mode of 
holding an estate or office. 

Testator. One who leaves a valid 
will at death. 

Testatrix. A female testator. 

Testimony. The statements of a 
witness under oath or affirma- 
tion. 



Title. That which gives a right or 
claim to ownership. 

Treason. An attempt to overthrow 
the government to which one has 
sworn allegiance, or giving aid to 
others who make the attempt. 

Trespass. A wrong or injury done 
by one man to another, or to his 
property or rights. 

Trustee. One who holds or is in- 
trusted with property for the 
benefit of another. 



u. 



Unalienable. That cannot be trans- 
ferred or released. 
Usury, A premium paid or prom- 



ised for the use of money beyond 
the rate of interest charged by 
law. 



V. 



V. Often put for versus, against. 
Thus, a suit is said to be by A 
versus B. 

Verdict. The unanimous decision 
made by a jury and reported to 
the court on the matter lawfully 
submitted to them in the course 
of the trial of a cause, whether 
civil or criminal. 



Veto. A Latin word meaning J 

forbid. 
Viva Voce. By the living voice, or 

orally. 
Void. Of no legal or binding force 

whatever. 
Vote. An expression of one's choice 

or will. 
Voter. One who votes. 



"Ward. A person under the charge 
of a guardian; a minor under 
guardianship. 

Warrant. An authority to do some 
judicial act. 

Warrantee. The person to whom 
land or other property is war- 
ranted. 

Warrantor. The person who makes 
a warranty. 

Warranty. An undertaking or 
stipulation in writing,or verbally, 
that a certain fact, in relation to 
the subject of a contract, is, or 



shall be, as it is stated or prom- 
ised to be. 

Will. An instrument making dec- 
laration of the manner in which 
a person desires his property to 
be disposed of after his death. 

Witness. A person who testifies in 
court, on oath or affirmation, as 
to his knowledge of the facts in 
issue between the parties. 

Writ- A judicial instrument by 
which a court commands some 
act to be done by the person to 
whom it is directed. 



Books for Reading and 
Reference. 



story on the Constitution. 
Jameson's Constitutional Convention. 
Brownson's American Republic. 
Pitkin's Political and Civil History of the XJ. S. 
Journal of the Continental Congress. 
Towle's Analysis. 

Farrar's Manual of the Constitution. 
The Federalist. 

Martin's Statesman's Year-Book. 
Elliot's Debates. 

Tiffany's Treatise on Government. 
Gillet's Federal Government. 
The American Almanac. 
Teaman's Study of Government. 
Bowen's Constitution of England and America. 
PaschaFs Annotated Constitution. 
Curtis's History of the Constitution. 
Fisher's Trial of the Constitution. 
Skinner's Issues of American Polities. 
Frothingham's Rise of the Republic. 
Andrews' Manual of the Constitution. 
Young's Government Class-Book. 
Townsend's Analysis of Civil Governnnent. 
Hart's Constitution. 
Martin's Civil Government. 
Nordhoff 's Politics for Young Americans. 
Journal of Congress. 
McPherson's Hand-Books of Politics. 
Sterne's Constitutional History of the U. S. 
Johnston's American Politics. 
Scott's Development of Constitutional Liberty. 
Bancroft's History of the Formation of the Con- 
stitution. 
Madison Papers. 
Rawle on the Constitution. 

240 




Model Text-Books 



CHASE & STUARTS CLASSICAL SERIES. 

COMPRISING 

A First Latin Book, 

fA Latin Grammar, 

A Latin Reader, 

Ccesar's Commentaries, 

First Sioc Books of Mneid, 
Virgil's Mneid, 

Virgil's Eclogues and Georgica, 
Cicero's Select Orations, 
Horace's Odes, Satires, and Epistles, 
Sallust's Catiline et Jugurtha, 

Cicero Be Senectute, et Be Amicitia, 
Cornelius J^epos, 

Cicero Be Officiis, 
Cicero's Tusculan Bisputations, 

Cicero de Oratore, Juvenal, 

Terence, Tacitus, 

Ovid. Livy. 





SERIES OF TEXT-BOOKS 

ON THE 

ENGLISH LANGUAGE 

By JOHN S. HART, LL.D., 

Late Professor of Rhetoric and of the English Langttage in /Ae 
College of New Jersey. 

The Series comprises the following volumes, viz.: 

Language Lessons for Beginners, 
Elementary English Grajmnar, 
English Grammar and Analysis, 
First Lessons in Composition, 
Composition and Rhetoric, 
A Short Course in Literature, 
A Class-Booh of Poetry, 
A Manual of American Literature, 
A Manual of English Literature* 



>o5«ioo. 



THE 

MODEL SERIES OF ARITHMETICS. 

By EDGAB A. SINGER, A.M., 
Principal of the Henry W. Halliwell Grammar School, Philadelphia, 

COMPRISING 

The Model Primary Arithmetic, 

The Model Elementary ArithmetiCf 

The Model Mental Arithmetic^ 

The Model Practical Arithmetic, 

The Model Test Arithmetic. In Preparation. 

2 



I 



Elements of Physical Geography. 

By Edwin J. Houston, A.M., Prof, of Physics and Physical 
Geography in the Central High School of Philadelphia. 

Easy licssons in Natural Philosophy. 

For Children. By Prof. Edwin J. Houston, A.M. 

Intermediate Lessons in Natural Philosophy. 

By Prof. Edwin J. Houston, A.M. 

Elements of Natural Philosophy. 

For Schools and Academies. By Edwin J. Houston, A.M. 

Christian Ethics ; or. The Science of the life of 
Human Duty. 

A New Text-Book on Moral Science. By Eev. D. S. Gregory, 
D.D., President of Lake Forest University, Illinois. 

Practical Logic ; or. The Art of Thinking'. 

By Rev. D. S. Gregory, D.D. 

Groesbeck's Practical Book-Keeping Series. 

By Prof. John Groesbeck, Prin. of the Crittenden Commer- 
dal College. In Two Volumes, viz. : 

College Edition, for Commercial Schools, Colleges, &c. 

School Edition, for Schools and Academies. 

"We hare prepared a series of Blank Books for writing out the exer- 
cises in both Editions of Groesbeck's Book-keeping, or for those that 
prefer it, we can furnish foolscap paper, of the best quality, ruled for 
the following books, viz. : Day-Book, Ledger, Cash-Book, Bill-Book, 
Journal, Three Column Day-Book, etc. Sample sheet of each will be 
sent by mail on receipt of fifteen cents. 

The Constitution of the United States. 

For Schools, with Questions under each Clause. By Prof. 
John S. Hart, LL.D. Should be taught in every school. 

An Elementary Algebra. 

A Text- Book for Schools and Academies. By Joseph W.' 
Wilson, A.M., Professor of Mathematics in the Philadelphia 
Central High School. 

The Crittenden Commercial Arithmetic and 
Business Manual. New Edition, Dec, 1882. 
Designed for the use of Teachers, Business Men, Academies, 
High Schools, and Commercial Colleges. By Prof. John 
Geoesbeck. 

A Manual of Elocution and Reading. 

Founded on Philosophy of the Human Voice. By Edward 
Brooks, Ph.D., Prin. of State Normal School, Millersville, Pa. 



The Model Definer. 

A Book for Beginners, containing Definitions, Etymology, and 
Sentences as Models, exhibiting the correct use of Words. By 
A. C. Webb. 

The Model Etymology, 

Containing Definitions, Etymology, Latin Derivatives, Sen- 
tences as Models, and Analysis. With a Key containing the 
Analysis of every word which could present any difficulties to 
the learner. By A. C. Webb. 

A Manual of Etymology. 

Containing Definitions, Etymology, Latin Derivatives, Greek 
Derivatives, Sentences as Models, and Analysis. With a Key 
containing the Analysis of every word which could present any 
difficulties to the learner. By A. C. Webb. 

The Model Speaker. 

Consisting of Exercises in Prose and Poetry, Suitable for Reci- 
tation, Declamation, Public Readings, etc. Compiled for the 
use of Schools and Academies, by Prof. Philip Lawrence. 

First Lessons in Physiology and Hygiene. 

By Charles K. Mills, M.D. 

Anatomy, Physiology, and Hygiene. 

A Text-Book for Schools, Academies, Colleges, and Families. 
By Joseph C. Martindale, M.D. 

First Lessons in Natural Philosophy. 

For Beginners. By Joseph C. Martindale, M.D, 

A Hand-Book of Literature, English and American. 

By E. J. Trimble, Prof, of Literature, State Normal School, 
West Chester, Pa. 
A Hand-Book of Mythology. 

By S. A. Edwards, Teacher of Mythology in the Girls' Normal 
School, Philadelphia. 

A Hand-Book of Civil Government. 

By Thomas D.SrrPLEE,A.M., Head-Master of Harcourt Place 
School, Gambler, Ohio. 

3000 Practice Words. 

By Prof. J. Willis Westlake, A.M., State Normal School, 
Millersville, Pa. Contains lists of Familiar Words often Mis- 
spelled, Difficult Words, Homophonous Words, Words often 
Confounded, Rules for Spelling, etc. It is a book that every 
teacher wants. Handsomely bound in flexible cloth, crimson 
edges. 

•4 



In the School-Koom ; 

Or, Chapteks in the PhiIOSOPHY of Education. Gives 
the experience of nearly forty years spent in school-room work. 
By John S. Hart, LL.D. 

Meadows' Spanish and English Dictionary, 

In Two Parts : I. Spanish and English ; II. English and Span- 
ish. By F. C. Meadows, A.M. 

The Model Pocket-Register and Grade-Book. 

A Koll-Book, Kecord, and Grade-Book combined. Adapted to 
all grades of Classes, whether in College, Academy, Seminary, 
High or Primary School. Handsomely bound in fine English 
cloth, bevelled sides, crimson edges. 

The Model School Diary. 

Designed as an aid in securing the co-operation of parents. It 
consists of a Record of the Attendance, Deportment, Recita- 
tions, etc., of the Scholar for every day. At the close of the 
week it is to be sent to the parent or guardian for his examina- 
tion and signature. 

The Model Monthly Report. 

Similar to the Model School Diary, excepting that it is intended 
for a Monthly instead of a Weekly report of the Attendance, 
Recitations, etc., of the pupil. 

The Model Roll-Book, No. !• 
The Model RoU-Book, No. 2, 

The Model Roll-Book, No. 1, is so ruled as to show at a 
glance the record of a class for three months, allowing five 
weeks to each month, with spacing for weekly, monthly, and 
quarterly summary, and a blank space for remarks at the end 
of the quarter. 

The Model Roll-Book, No. 2, is arranged on the same 
general plan, as regards spacing, etc., excepting that each page 
is arranged for a month of five weeks ; but, in addition, the 
names of the studies generally pursued in schools are printed 
immediately following the name of the pupil, making it more 
convenient when it is desirable to have a record of all the stud- 
ies pursued by a pupil brought together in one place. 

49^ Specimen Sheets sent by Mail on application. 

The Teacher. 

A Monthly Journal devoted to the interests of Teachers, Schools, 
and the Cause of Education in general. Subscription price, 50 
cents per annum. Specimen copy sent free. 
5 



Manuals for Teacherst 

A Series of Hand-Books comprising five volumes, which it i? 
believed will prove a valuable contribution to the art and sci- 
ence of Teaching. Printed on the best quality of calendered 
paper and handsomely bound. 

1. On the Cultivation of the Senses. 

2. On the Cultivation of the Memory. 

5. On the Use of Words, 
4. On Discipline. 

6. On Class Teaching. 

We shall be gratified to have teachers correspond with us. We 
oflfer some of the best of Modern Text-Books, and shall be glad at 
any time to make liberal arrangements for the introduction of our 
books, or to exchange for others that do not give satisfaction. Send 
for our catalogue, and for descriptive circulars of any of our books 
of which you desire information. Please address 

ELDRBDGB & BROTHER, 

17 North Seventh Street, 

PHILADELPHIA. 




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